Common use of Breaches by Members Clause in Contracts

Breaches by Members. 6.1 If any Member breaches any Terms, or if OCC has reasonable grounds to believe that a Member is in breach of any Terms, OCC shall have the right to take such disciplinary actions as it deems appropriate in its sole discretion, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by OCC in its sole discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as OCC may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as OCC may deem necessary or appropriate in its sole discretion. 6.2 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances: a) OCC has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party, b) OCC has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or c) OCC believes that the Member’s actions may cause financial loss or legal liability to OCC or our affiliates or any other Users. 6.3 OCC reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, OCC may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. OCC shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against OCC for such disclosure. 6.4 Each Member agrees that OCC is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. OCC reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with OCC in asserting any available defenses.

Appears in 2 contracts

Samples: Terms of Use, Terms of Use

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Breaches by Members. 6.1 ODELA reserves the right in our sole discretion to remove, reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject ODELA or our affiliates to liability, or is otherwise found inappropriate in XXXXX’s sole discretion. 6.2 If any Member breaches any Terms, or if OCC ODELA has reasonable grounds to believe that a Member is in breach of any Terms, OCC ODELA shall have the right to take such disciplinary actions as it deems appropriate in its sole discretionappropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by OCC ODELA in its sole discretiondiscretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as OCC ODELA may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as OCC ODELA may deem necessary or appropriate in its sole discretion. 6.2 6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances: a) OCC upon complaint or claim from any third party, XXXXX has reasonable grounds to believe that such Member failed to perform your contract with such third party including without limitation where a Member who supplies products or services using the Sites and Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items such Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party, b) ODELA has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party, bc) OCC ODELA has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or cd) OCC XXXXX believes that the Member’s actions may cause financial loss or legal liability to OCC ODELA or our affiliates or any other Users. 6.3 OCC 6.4 ODELA reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, OCC to the extent permitted by applicable laws and policies, ODELA may disclose the Member's identity and identity, contact informationinformation and/or information regarding the Member's account(s), transactions or activities carried out on or via the Site, if requested by a government government, regulatory or law enforcement body, body or an injured third party, or as a result of a subpoena or other legal action. OCC XXXXX shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against OCC XXXXX for such disclosure. 6.4 6.5 ODELA may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Sites without being liable to the Member if XXXXX has received notice that the Member is in breach of any agreement or undertaking with any affiliate of ODELA and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. ODELA reserves the right to, but shall not be required to investigate such breach or request confirmation from the Member. 6.6 Each Member agrees to compensate ODELA, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your access to or use of ODELA, or from your breach of the Terms or any Additional Agreements. 6.7 Each Member further agrees that OCC XXXXX is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Sitesthrough ODELA, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with each the Member. OCC ODELA reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification compensation by the Member, in which event the Member shall cooperate with OCC ODELA in asserting any available defenses.

Appears in 2 contracts

Samples: Terms of Use, Terms of Use

Breaches by Members. 6.1 If any Member breaches any Terms, or if OCC has reasonable grounds to believe that a Member is in breach of any Terms, OCC shall have the right to take such disciplinary actions as it deems appropriate in its sole discretion, including without limitation: (i) suspending or terminating the Member’s Memberís account and any and all accounts determined to be related to such account by OCC in its sole discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member’s Memberís use of any features or functions of any Service as OCC may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as OCC may deem necessary or appropriate in its sole discretion. 6.2 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances: a) OCC has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party, b) OCC has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or c) OCC believes that the Member’s Memberís actions may cause financial loss or legal liability to OCC or our affiliates or any other Users. 6.3 OCC reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, OCC may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. OCC shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against OCC for such disclosure. 6.4 Each Member agrees that OCC is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. OCC reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with OCC in asserting any available defenses.

Appears in 1 contract

Samples: Terms of Use

Breaches by Members. 6.1 Famunera reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject Famunera or our affiliates to liability, or is otherwise found inappropriate in Famunera’ opinion. 6.2 If any Member breaches any Terms, Terms or if OCC Famunera has reasonable grounds to believe that a any Member is in breach of any the Terms, OCC Famunera shall have the right to take such disciplinary actions as it deems appropriate in its sole discretionimpose a penalty against the Member, including without limitation: (i) suspending or terminating suspend or terminate the Member’s account and or subscription of any Service without any liability to the Member. Famunera shall also have the right to restrict, refuse or ban any and all accounts determined to be related to such account by OCC in its sole discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) other Service that may be provided by Famunera. The penalties that Famunera may impose include, among others, warning, removing any product listings listing or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) , or imposing other restrictions on the Member’s use of any features or functions of any Service for such period as OCC Famunera may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as OCC may deem necessary or appropriate in its our sole discretion. 6.2 6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances: a) OCC : upon complaint or claim from any third party, Famunera has reasonable grounds to suspect believe that such Member has used a stolen credit card willfully or other false materially failed to perform your contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or misleading information where the items Member has delivered materially fail to meet the terms and descriptions outlined in any transaction your contract with a counter such third party, b) OCC has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or c) OCC believes that the Member’s actions may cause financial loss or legal liability to OCC or our affiliates or any other Users. 6.3 OCC reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, OCC may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. OCC shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against OCC for such disclosure. 6.4 Each Member agrees that OCC is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. OCC reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with OCC in asserting any available defenses.

Appears in 1 contract

Samples: Terms of Use

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Breaches by Members. 6.1 6.1. Jey Today reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject Jey Today or our affiliates to liability, or is otherwise found inappropriate in Jey Today’s opinion. 6.2. If any Member breaches any Terms, or if OCC Jey Today has reasonable grounds to believe that a Member is in breach of any Terms, OCC Jey Today shall have the right to take such disciplinary actions as it deems appropriate in its sole discretionappropriate, including without limitation: (i) : 6.2.1. suspending or terminating the Member’s account and any and all accounts determined to be related to such account by OCC Xxx Today in its sole discretion; (ii) ; 6.2.2. restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) ; 6.2.3. removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) ; 6.2.4. imposing other restrictions on the Member’s use of any features or functions of any Service as OCC Jey Today may consider appropriate in its sole discretion; and (v) and 6.2.5. any other corrective actions, discipline or penalties as OCC Jey Today may deem necessary or appropriate in its sole discretion. 6.2 6.3. Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances: a) OCC 6.3.1. upon complaint or claim from any third party, Xxx Today has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party; 6.3.2. Jey Today has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,; b) OCC 6.3.3. Jey Today has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, ; or c) OCC 6.3.4. Xxx Today believes that the Member’s actions may cause financial loss or legal liability to OCC Jey Today or our affiliates or any other Users. 6.3 OCC 6.4. Jey Today reserves the right to cooperate fully with governmental authoritiesstate authorities and affected third parties, private investigators and/or injured third parties requesting from Jey Today data on the identification of Users, registered on the Site within the framework of civil, arbitration or criminal proceedings in accordance with the investigation legislation of the Russian Federation. 6.5. If a Member is in breach of the Terms, Jey Today also reserves the right to publish the records of such breach on the Sites. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Jey Today also reserves the right to disclose the records of such breach to our affiliates. Such Jey Today affiliates may impose limitation on, suspend or terminate the Member’s use of all or part of the services provided by such affiliates to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the websites operated by or controlled by such Jey Today affiliates. 6.6. Jey Today may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if Jey Today has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Jey Today and such breach involves or is reasonably suspected criminal of involving dishonest or civil wrongdoingfraudulent activities. Further, OCC may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal actionJey Today shall have 6.7. OCC shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against OCC for such disclosure. 6.4 Each Member agrees to indemnify Jey Today, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Sites or Services, or from your breach of the Terms. 6.8. Each Member further agrees that OCC Jey Today is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the SitesSite, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. 6.9. OCC reserves Users of the rightSite do not receive any rights to use information posted by other Users and bear full responsibility to the owner of information for its unlawful use. 6.10. Jey Today and/or its affiliates do not perform an audit for subject to the availability of copyright, at our own expense, patent rights to assume any information and do not bear responsibility for the exclusive defense and control violation of the terms of use of any matter otherwise subject patents, trademarks, brand names and other objects of intellectual property by Users. If there such violations are detected by third parties, persons whose rights are violated as a result of unauthorized posting of information on the Site, can file a formal complaint, according to indemnification by which the Member, in which event site administration has the Member shall cooperate with OCC in asserting any available defensesright to block access to such information.

Appears in 1 contract

Samples: Terms of Use

Breaches by Members. 6.1 Xxx000.xx.xx reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject Xxx000.xx.xx or our affiliates to liability, or is otherwise found inappropriate in Xxx000.xx.xx’s opinion. 6.2 If any Member breaches any Terms, or if OCC Xxx000.xx.xx has reasonable grounds to believe that a Member is in breach of any Terms, OCC Xxx000.xx.xx shall have the right to take such disciplinary actions as it deems appropriate in its sole discretionappropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by OCC Xxx000.xx.xx in its sole discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as OCC Xxx000.xx.xx may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as OCC Xxx000.xx.xx may deem necessary or appropriate in its sole discretion. 6.2 6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances: a) OCC upon complaint or claim from any third party, Xxx000.xx.xx has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where the Member has failed to deliver any items or services ordered by such third party after receipt of the purchase price, or where the items Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party, b) Xxx000.xx.xx has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party, bc) OCC Xxx000.xx.xx has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or cd) OCC Xxx000.xx.xx believes that the Member’s actions may cause financial loss or legal liability to OCC Xxx000.xx.xx or our affiliates or any other Users. 6.3 OCC 6.4 Xxx000.xx.xx reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, OCC Xxx000.xx.xx may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. OCC Xxx000.xx.xx shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against OCC Xxx000.xx.xx for such disclosure. 6.4 6.5 If a Member is in breach of the Terms, Xxx000.xx.xx also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Xxx000.xx.xx also reserves the right to disclose the records of such breach to our affiliates. Such Xxx000.xx.xx affiliates may impose limitation on, suspend or terminate the Member’s use of all or part of the services provided by such affiliates to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the web Site operated by or controlled by such Xxx000.xx.xx affiliates. 6.6 Xxx000.xx.xx may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if Xxx000.xx.xx has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Xxx000.xx.xx and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Xxx000.xx.xx shall have the right to publish the records of such breach on the Site. Xxx000.xx.xx shall not be required to investigate such breach or request confirmation from the Member. 6.7 Each Member agrees to indemnify Xxx000.xx.xx, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site, App or Services, or from your breach of the Terms. 6.8 Each Member further agrees that OCC Xxx000.xx.xx is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the SitesSite, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. OCC Xxx000.xx.xx reserves the right, at our own expense, to assume the exclusive defense defence and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with OCC Xxx000.xx.xx in asserting any available defensesdefences.

Appears in 1 contract

Samples: Terms of Use

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