Prohibited Uses. You understand that you are solely responsible for any and all acts and omissions that occur under your account or passwords, and you agree not to engage in any unacceptable use of the Service which includes, without limitation, use of the Service to: (i) disseminate, store or transmit unsolicited messages, "spam," chain letters, or unsolicited commercial e-mail; (ii) disseminate or transmit material that is unlawful or material that, to a reasonable person, may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate, store or transmit files, graphics, software or material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person or entity; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authorities, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (vii) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; (viii) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors in any way; (x) interfere with or disrupt the Service or servers or networks connected to the Service; or (xi) disobey any requirements, procedures, policies, or regulations related to the Service.
Appears in 11 contracts
Samples: Subscriber Agreement, Subscriber Agreement, Subscriber Purchase Agreement
Prohibited Uses. You understand that you are solely responsible for will not and will not permit any and all acts and omissions that occur under your account other users, or passwordsenable any other third party, and you agree not to engage in to:
a) upload, email, post, publish or otherwise transmit through the Site any unacceptable use of the Service which includes, without limitation, use of the Service toContent that: (i) disseminateis false, store or transmit unsolicited messageslibelous, "spam," chain lettersmisleading, or unsolicited commercial e-mail; (ii) disseminate or transmit material that is unlawful or material that, to a reasonable person, may be abusive, harmful, invasive of another's privacydefamatory, obscene, pornographicoffensive, hateful, threatening, defamatory, harassing, grossly offensivepornographic, vulgarobscene, threateningracist, incites violence, or maliciouscontains graphic or gratuitous violence or is otherwise illegal or could give rise to civil liability; (ii) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (iii) disseminateinfringes another’s rights, store or transmit files, graphics, software or material that actually or potentially infringes the copyright, trademark, patent, trade secret or other including but not limited to intellectual property right of any person or entityrights; (iv) create a false identity constitutes unsolicited bulk e-mail, “junk mail,” “spam” or to otherwise attempt to mislead any person as to the identity or origin of any communicationchain letters; (v) export, re-export or permit downloading contains confidential information of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authoritiesYour company, or without all required approvalsany other person or entity, licenses or exemptionsincluding, but not limited to, proprietary information, trade secrets, Personal Information, and the terms of OneSpan-related agreements; (vi) interferecontains any malware, disrupt viruses, trojan horses, or attempt to gain unauthorized access to other accounts on the Service or any other computer networkmalicious content; (vii) disseminatecontains a solicitation of funds, store promotion, advertising, solicitation for goods or transmit virusesservices, Trojan horses or any other malicious code or programmarketing matter; (viii) uploadcan be considered unauthorized commercial communications (such as spam) on or through the Site, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors is not solely related to OneSpan products and services; or (x) violates any applicable laws or regulations;
b) use the Site in any commercial manner;
c) solicit other users of the Site for any purpose by any means;
d) process, collect or store Personal Information about other users or individuals;
e) impersonate any person or organization, or falsely state your affiliation with a person or organization;
f) engage in any activity, including the development or distribution of any software (whether in the form of object code or source code), that interferes with, disrupts, damages, or accesses in an unauthorized manner any OneSpan services or any OneSpan platforms, servers, or systems, or those of any of its Affiliates or any third party;
g) make any statements that Your product or services are “certified” or otherwise endorsed by OneSpan or that its performance is guaranteed;
h) assert, authorize, assist or encourage any intellectual property claim against OneSpan or any of its Affiliates, customers, licensors or suppliers associated with the Developer Program or the Content regarding the Developer Program or the Content;
i) access or use the Site or any Content if you’re under the age of eighteen (18);
j) remove any copyright or other proprietary notices, legends, symbols or labels appearing on or in the in the Content or any reproduction thereof;
k) modify, alter or create derivative works from the Content in any way;
l) distribute, disclose, sell, lease, rent, sublicense or relicense Content to others including on a service bureau basis; (xor
m) interfere with or disrupt the Service or servers or networks connected to the Service; or (xi) disobey any requirementsdecompile, proceduresdisassemble, policiesreverse engineer, or regulations related otherwise attempt to derive source code from the ServiceContent.
Appears in 2 contracts
Samples: Terms of Use, Terms of Use
Prohibited Uses. You understand agree to use the Site only for lawful purposes and in accordance with these Terms of Use. Specifically, you agree: • that you will not use the Site in any way that violates federal, state, local, or international law or regulation (including any laws or regulations regarding the export of data or software to and from the United States or other countries); • that you will not use the Site to transmit or send unsolicited commercial communications; • that you will not attempt to gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of the Site (or the servers, networks, and databases connected to the Site); • that you will not access (or attempt to access) the Site through any robot, spider, or other automated means (including use of scripts or web crawlers); • that you will not “screen scrape”, “monitor”, “mine”, “copy”, or “mirror” the Site; • that you will not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent; • that you will not engage in any activity that interferes with, disrupts, or imposes an unreasonable or disproportionately large load on the Site (or the servers, networks, and databases which are connected to the Site); • that you will not introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs, or other material which is malicious or technologically harmful to the Site (or the servers, networks, and databases which are connected to the Site); • that you will not use the Site to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; • that you will not edit, modify, correct, adapt, translate, enhance, or otherwise prepare derivative works any content on the Site that is not owned by you or another person or entity for whom you act as their agent; • that you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub- license, trade or resell any content or other aspect of the Site for any commercial purpose (except for content specifically and expressly made available for redistribution); • that you will not remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, copyrights, warranties, disclaimers, or other proprietary notations from the Site; • that you will not impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); • that you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images; and • that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and all acts and omissions that occur under your account for the consequences (including any loss or passwords, and damage which you agree not to engage in may suffer) of any unacceptable such breach. Any use of the Service which includes, without limitation, use Site or the Content not expressly permitted by these Terms of the Service to: (i) disseminate, store or transmit unsolicited messages, "spam," chain letters, or unsolicited commercial e-mail; (ii) disseminate or transmit material that Use is unlawful or material that, to a reasonable person, breach of these Terms of Use and may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate, store or transmit files, graphics, software or material that actually or potentially infringes the violate copyright, trademark, patent, trade secret or and other intellectual property right of any person or entity; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authorities, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (vii) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; (viii) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors in any way; (x) interfere with or disrupt the Service or servers or networks connected to the Service; or (xi) disobey any requirements, procedures, policies, or regulations related to the Servicelaws.
Appears in 2 contracts
Samples: Terms of Use, Terms of Use
Prohibited Uses. You understand agree that you are solely responsible for any and all acts and omissions that occur under your account or passwordswill not, and you agree will not to engage in permit any unacceptable use of the Service which includesEnd Users to, without limitation, use of the Service todirectly or indirectly: (i) disseminateuse the Services or Software to engage in illegal activity or would give rise to criminal or civil liability, store or transmit unsolicited messages, "spam," chain letters, or unsolicited commercial e-mail; (ii) disseminate or transmit material that is unlawful or material thatstore, to a reasonable person, may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threateningtransmit, or maliciousdistribute through Services or Software other people’s private information, including but not limited to information protected by HIPAA or similar state laws as well as information protected by copyright, trademark, or other intellectual property rights, without their express permission; (iii) disseminatemodify, store customize, disassemble, decompile, prepare derivative works of, create improvements, derive innovations from, reverse engineer, or transmit filesattempt to gain access to any underlying technology of the Services or Software, graphicsincluding but not limited to any source code, software process, data set or material that actually database, management tool, development tool, server, or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person or entityhosting site; (iv) create knowingly or negligently use the Services or Software in a false identity way that abuses, interferes with, or to otherwise attempt to mislead disrupts Assure Disability’s networks, your account, or any person as to other user rights, or the identity or origin of any communicationServices; (v) exportbuild or benchmark a competitive product or service, re-export or permit downloading of copy any message features, functions, or content in violation of any export or import law, regulation or restriction graphics of the United States and its agencies and authorities, Services or without all required approvals, licenses or exemptionsSoftware; (vi) interfereuse the Services or Software for the development, disrupt production, or attempt marketing of a service or product substantially similar to gain unauthorized access to other accounts on the Service Services or any other computer networkSoftware; (vii) disseminate, store upload or transmit virusesany software or code that does or is intended to harm, Trojan horses disable, destroy, or adversely affect performance of the Services or Software in any way or which does or is intended to harm or extract information or data from other malicious code hardware, software, networks, or programother users of the Services or Software; (viii) uploadengage in any activity or use of the Services, postSoftware, email or your account in any manner that could damage, disable, overburden, impair, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors in any way; (x) interfere with or disrupt the Service Services, Software, or any servers or networks connected to the ServiceServices or Assure Disability security systems; (ix) use the Services or Software in violation of any Assure Disability policy or in a manner that violates applicable Law, including anti-spam, import and export control, intellectual property, privacy, anti-terrorism, or anti-bribery; (x) remove, delete, alter, or obscure any Proprietary Rights notices provided on or with the Services or Software, including any copy thereof; (xi) make, use, or offer the Services or Software for lease, rent, or sale, or reproduce, resell, distribute, publish, display, assign, transfer, sublicense, lend, use on a timeshare or service bureau basis, or use the Services or Software for any commercial or other purpose that is not expressly permitted by this Agreement; or (xixii) disobey any requirements, procedures, policiesmake available the Services or Software, or regulations related any features or functionality thereof, to the Serviceany third party for any reason or by any manner, unless expressly permitted by this Agreement or otherwise expressly agreed to in writing by you and Assure Disability.
Appears in 2 contracts
Samples: Terms of Service, Terms of Service
Prohibited Uses. Except as expressly provided in these Terms, no part of the Site may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. You understand that you are solely responsible for any and all acts and omissions that occur under your account or passwords, and you agree not to engage modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site or any Content, in any unacceptable manner. Unauthorized use of Firefly’s Site, including but not limited to unauthorized entry into Firefly’s systems, misuse of passwords, or misuse of any information posted on the Service Site is strictly prohibited. Except as expressly provided in these Terms, no part of the Site may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site or any Content as defined above in any manner. You may not transfer or copy, without permission, any Content from the computing device on which includesyou originally received Content to any other device, including, without limitation, any computer or another wireless device. You may not use of the Service toSite for illegal or unlawful or malicious activities, or for activities that Firefly deems improper for any reason whatsoever in its sole judgment, including, without limitation, by trespass or burdening network capacity. In addition to the foregoing, while using the Site, you may not: (ia) disseminate, store or transmit unsolicited messages, "spam," chain letters, or unsolicited commercial e-mail; (ii) disseminate or transmit material that is unlawful or material that, to a reasonable person, may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate, store or transmit files, graphics, software or material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (ivb) create a false identity defame, abuse, harass, stalk, intimidate, bully, threaten, defame, or to otherwise attempt to mislead any person as to infringe or violate the identity or origin rights of any communicationother party, including without limitation others’ privacy rights or rights of publicity; (vc) export, re-export access or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authorities, or without all required approvals, licenses or exemptions; use (vi) interfere, disrupt or attempt to gain access or use) another person’s account or data without permission, or solicit another’s log-in information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; (f) “frame” or “mirror” any portion of the Site; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site; (h) harvest or collect information about or from other users of the Site; (i) send or otherwise post unauthorized access to other accounts commercial communications (such as spam); (j) engage in unlawful multi-level marketing, such as a pyramid scheme; (k) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (l) use the Site for any illegal activity; (m) probe, scan or test the vulnerability of the Site, nor breach the security or authentication measures on the Service Site or take any other computer networkaction that imposes an unreasonable or disproportionately large load on the infrastructure of the Site; (viin) disseminateaccess or use any portion of the Content if you are a direct or indirect competitor of Firefly, store or provide, disclose or transmit viruses, Trojan horses any portion of the Content to any direct or any other malicious code or programindirect competitor of Firefly; (viiio) uploaduse or distribute any Content, post, email or otherwise transmit any including Content that has been verified or confirmed by you do not have a right or anyone else, to transmit under any law directly or under contractual indirectly create or fiduciary relationships; (ix) harm minors in any way; (x) interfere with or disrupt the Service or servers or networks connected contribute to the Servicedevelopment of any database or product; or (xip) disobey facilitate or encourage any requirementsviolations of these Terms. Firefly reserves the right to take preventative or corrective actions to protect itself and its users. Your use of the Site is conditioned in part on your compliance with the rules of conduct provided herein, procedures, policies, or regulations related and your failure to comply may result in termination of your access to and use of the ServiceSite and liability for damages caused by your noncompliance. Firefly is not in any way responsible for any non-conforming use by you.
Appears in 1 contract
Samples: Terms and Conditions
Prohibited Uses. In using the Device Applications and Websites, you agree not to: • Send or otherwise transmit to or through the Device Applications and Websites any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Device Applications and Websites or computers of any kind, and any unsolicited advertising, solicitation or promotional materials; • Misrepresent your identity or affiliation in any way; • Restrict or inhibit any person from using the Device Applications and Websites, disclose personal information obtained from the Device Applications and Websites or collect information about users of the Device Applications and Websites; • Reverse engineer, disassemble or decompile any section or technology on the Device Applications and Websites, or attempt to do any of the foregoing; • Gain unauthorized access to the Device Applications and Websites, to other users' accounts, names, personally identifiable Information or other Information, or to other computers or websites connected or linked to the Device Applications and Websites; • Launch or use any automated system, including without limitation,"robots," "spiders," or "offline readers," that access the Device Applications and Websites in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; • Send or otherwise transmit to or through the Device Applications and Websites chain letters, unsolicited messages, so- called "spamming" or "phishing" messages, or messages marketing or advertising goods and services; • Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment; • Violate any applicable laws or regulations in any way; • Alter or modify any part of the content or services offered on or through the Device Applications and Websites; • Allow any other person to use the Platforms with your registration or login information; • Breach or otherwise circumvent Intellicare Health's security or authentication measures; and • Assist or permit any persons in engaging in any of the activities described above. Intellicare Health is the sole and exclusive owner of the Device Applications and Websites, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Device Applications and Websites and any related materials and documentation. No title or ownership of the Device Applications and Websites or any portion thereof is transferred to you hereunder. Intellicare Health reserves all rights not expressly granted hereunder. You understand agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites and/or Platforms. You may provide input, comments or suggestions regarding the Device Applications and Websites or Intellicare Health Services ("Feedback"). You acknowledge and agree that Intellicare Health may use any Feedback without any obligation to you are solely responsible and you hereby grant Intellicare Health a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as Intellicare Health may deem appropriate, without restriction, for any and all acts commercial and/or non-commercial purposes, in its sole discretion. The Device Applications and omissions that occur Websites may contain links to third-party websites. Linked sites are not under your account or passwordsthe control of Intellicare Health, and you agree Intellicare Health is not to engage in responsible for the content of any unacceptable linked site. Links are provided as a convenience only, and a link does not imply that Intellicare Health endorses, sponsors, or is affiliated with the linked site. Your use of third- party websites is at your own risk and subject to the Service which includesterms and conditions of use for such sites; these Terms do not apply to other websites. Intellicare Health disclaims any and all liability for any information, including but without limitation, use of the Service to: (i) disseminateany medical and health treatment information set forth on linked sites. Reference to any product, store or transmit unsolicited messagesrecording, "spam," chain lettersevent, process, publication, service, or unsolicited commercial e-mail; (ii) disseminate or transmit material that is unlawful or material thatoffering of any third party by name, to a reasonable person, may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate, store or transmit files, graphics, software or material that actually or potentially infringes the copyrighttrade name, trademark, patentservice mark, trade secret company name or other intellectual property right otherwise does not constitute or imply the endorsement or recommendation of such by Intellicare Health. Any views expressed by third parties on the Device Applications and Websites are solely the views of such third party and Intellicare Health assumes no responsibility for the accuracy or integrity of any person or entity; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authorities, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (vii) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; (viii) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors in any way; (x) interfere with or disrupt the Service or servers or networks connected to the Service; or (xi) disobey any requirements, procedures, policies, or regulations related to the Servicestatement made by such third party.
Appears in 1 contract
Samples: Terms and Conditions
Prohibited Uses. You understand Without limiting the generality of any other provision contained herein, the User agrees that you are solely responsible it will not, and will not permit any person, to: use the Site other than as permitted by this Agreement; use the Site to violate, infringe or appropriate any person’s privacy rights, publicity rights, defamation rights, intellectual property rights, proprietary rights, contractual rights or any other legal right; distribute the Content for any and all acts and omissions that occur under your account or passwordspurpose, and you agree not to engage in any unacceptable use of the Service which includes, including without limitation, compiling an internal database; use of the Service to: (i) disseminateSite in a manner that is misleading, store deceptive or transmit unsolicited messagesfraudulent or otherwise illegal or promotes illegal activities, "spam," chain lettersincluding engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes; use the Site to impersonate a SIMSA employee, or unsolicited commercial e-mail; (ii) disseminate or transmit material that is unlawful or material that, to a reasonable any other person, may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate, store falsely state or transmit files, graphics, software or material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of otherwise misrepresent your affiliation with any person or entity; (iv) create sublicense or transfer any of User’s rights under this Agreement, except as otherwise provided in this Agreement, or otherwise use the Site for the benefit of a false identity third party or to otherwise attempt to mislead operate a service bureau; copy, modify, alter, change, translate, decrypt, obtain or extract the source code of, create derivative works from, reverse engineer, reverse assemble, decompile, disassemble or reverse compile any person as to the identity or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction part of the United States and its agencies and authoritiesSite; use or launch any automated system, including without limitation any “robot” or without all required approvals“spider” that accesses the Site; license, licenses sell, rent, lease, transfer, assign, reproduce, distribute, host or exemptionsotherwise commercially exploit the Site; (vi) interfereaccess the Site or SIMSA Content in order to develop a competing product and/or website; interfere with, disrupt or attempt to gain unauthorized access interfere with, the Site or any other networks or services connected to other accounts on the Service Site, whether through the use of viruses, bots, worms or any other computer networkcode, file or program that interrupts, destroys or limits the functionality of any computer software or hardware; (vii) disseminateand/or alter, store or transmit viruses, Trojan horses or any other malicious code or program; (viii) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors in any way; (x) interfere with or disrupt the Service or servers or networks connected to the Service; or (xi) disobey any requirements, procedures, policiesdisable, or regulations related to the Serviceerase any computer data, computer programs or computer software without authorization.
Appears in 1 contract
Samples: Terms of Use
Prohibited Uses. You understand that In addition to other prohibitions as set forth in these Terms, you are solely responsible prohibited from using the Services, the Site or its content: (a) for any and all acts and omissions that occur under your account unlawful or passwords, and you agree not fraudulent purpose; (b) to engage solicit others to perform or participate in any unacceptable use unlawful or fraudulent acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service which includesServices or of any related website, without limitationother websites, use or the internet; (h) to collect or track the personal information of the Service to: others; (i) disseminateto spam, store or transmit unsolicited messagesphish, "spam," chain letterspharm, pretext, spider, crawl, or unsolicited commercial e-mailscrape; (iij) disseminate for any obscene or transmit material that is unlawful or material that, to a reasonable person, may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or maliciousimmoral purpose; (iiik) disseminate, store or transmit files, graphics, software or material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person or entity; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authorities, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (vii) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; (viii) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors in any way; (x) interfere with or disrupt circumvent the Service security features of the Services or servers any related website, other websites, or networks connected the internet; (l) to the Servicedata mine or extract data using robots or similar gather or extracting tools; (m) through automated means; (n) to co-brand with, or otherwise imply any relationship or endorsement of, ZELF, any Influencer, Brand, Content, or other User (unless you have permission to do so); or (xio) disobey to post or transmit any requirementsphotograph or likeness of another person without that person's consent, proceduresif and to the extent necessary under applicable laws. You are also prohibited from using any i-frames, policieswebpage frames, or regulations related any similar framing, to enclose, capture or distribute any part of the ServiceServices. You are further prohibited from using, display, sharing, and distributing API keys or codes associated with the Services without the express written authorization of ZELF in each instance.
Appears in 1 contract
Samples: Terms of Service
Prohibited Uses. You understand that you are solely responsible for must not do (or permit or encourage to be done) any and all acts and omissions that occur under your account or passwords, and you agree not to engage in any unacceptable use of the Service which includesfollowing, without limitationin whole or in part: (a) copy, use "frame" or "mirror" the Services; (b) sell, assign, transfer, lease, sublicense, or otherwise distribute or make available the Services to any third party (such as offering it as part of a time- sharing or service bureau environment); (c) publicly perform, display or communicate the Services; (d) modify, adapt, arrange, or translate the Services; (e) decompile, disassemble, decrypt, reverse engineer, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas, or algorithms) of the Service to: Services; (f) remove, alter, or conceal any copyright, trademark or other proprietary rights notices displayed in the Services; (g) circumvent, disable or otherwise interfere with security-related features of the Services, or publicly identify any security vulnerabilities in them; (h) make a derivative work of the Services, or use them to develop any service or product that is substantially similar to it; (i) disseminate, store or transmit unsolicited messagesany robot, "spam," chain lettersmalware, Trojan horse, or unsolicited commercial e-mailsimilar malicious item (for example, by way of Account Content) intended (or that has the potential) to damage or disrupt the Services; (iij) disseminate or transmit material that is unlawful or material that, to a reasonable person, may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate, store or transmit files, graphicsemploy any hardware, software or material technique to pool connections, devices or users that actually use the Services (sometimes referred to as 'virtualization', 'multiplexing' or potentially infringes 'pooling') in order to circumvent any limitations or conditions on the copyrightscope of your Subscription; (k) forge or manipulate identifiers in order to disguise the origin of any Account Content or impersonate any person or entity, trademark, patent, trade secret or other intellectual property right of make any false statement pertaining to your identity or affiliation with any person or entity; (ivl) create a false identity take any action that imposes (as determined in Lightricks' discretion) an unreasonable or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authorities, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts disproportionately large load on the Service servers or any other computer network; (vii) disseminatecloud infrastructure which operate or support the Services, store or transmit viruses, Trojan horses or any other malicious code or program; (viii) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors in any way; (x) interfere with systematically abuse or disrupt the Service or integrity of such servers or networks connected infrastructure, or send automated queries; (m) engage in any activity that constitutes or encourages conduct that constitutes a criminal offense, gives rise to civil liability or otherwise violates any applicable law, including without limitation laws governing privacy, defamation, spam, and copyright; (n) cause or launch any programs for the purpose of scraping, indexing, or otherwise data mining any portion of the Services, or use robots, crawlers and similar applications to collect and compile Content from the Services, or send data to or from the Services for the purposes of competing with the Services or in such ways that may impair the Services' functionality; (o) display or embed Content from the Services (including without limitation by any software, Feature, gadget or communication protocol), which alters the Content or its design; (p) collect or process personal information regarding the Services' users, without their prior explicit consent, or threaten or intimidate other users of the Services; (q) link to the ServiceServices from web pages or applications that contain pornographic Content or Content that encourages racism or wrongful discrimination; (r) include in any Account Content information which may be considered as identifying a minor (or (xi) disobey any requirements, procedures, policiesinformation enabling contact of minors), or regulations related which violates a person's privacy rights or publicity rights, which is threatening, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable, or which constitutes unsolicited commercial communications ('spam') or pyramid schemes; and/or (s) with respect to the Service.Music Content: (1) use any Music Content in TV or SVOD, AVOD, FVOD or XXX productions, radio or podcast productions, feature films, vignettes or theme songs, corporate identification material (i.e. sound logos) or advertisements or commercials (i.e., productions published within paid media space, including, but not limited to, TV, cinema, radio or podcast commercials, out-of-home displays and online pre/mid/post-rolls; (2) use Music Content with material that is defamatory, illegal or inciteful of an illegal act, immoral, hateful or discriminating against any person, constitutes encouragement of violence or use of weapons, or that otherwise
Appears in 1 contract
Samples: Terms of Use
Prohibited Uses. You understand that you are solely responsible (a) Licensee shall not:
(i) use the Content in electronic or digital applications intended for resale or other distribution;
(ii) use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of any and all acts and omissions that occur under your account product or passwordspublication;
(iii) use the Content in connection with any goods, and you agree not to engage services or other items for resale, license or other distribution for profit;
(iv) use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
(v) use or incorporate the Content in any unacceptable product that results in a re-distribution or re-use of the Service which includesContent or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
(vi) use the Content in a fashion that is considered by Licensor as or under applicable law is considered pornographic, without limitationobscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
(vii) reverse engineer, decompile, or disassemble any part of the source code of the Content or any part of Licensor’s or its Affiliate’s sites or applications;
(viii) remove or modify any notice of copyright, trademark or other proprietary right, or any other copyright management information or metadata, from any place where it is on or embedded in the Content;
(ix) sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement outside of Licensee’s organization;
(x) post a copy or copies of the Content on a network server or web server for use by other users outside Licensee’s organization;
(xi) use or display the Content in an electronic format that enables it to be downloaded or shared publicly or with third parties in any peer-to-peer or similar file sharing arrangement;
(xii) use the Content for external editorial purposes, including, but not limited to commentary in blogs or social media;
(xiii) either individually or in combination with others, reproduce the Content, or an element or part of the Content for purposes other than internal use within Licensee’s organization; or,
(xiv) use or reproduce the Content on a social media platform or any other third-party website.
(xv) share, publish, distribute, assign, circulate, disseminate, or in any way give out Licensee’s PHOTECTOR username, password, or any other login or account credentials or information.
(b) Any instance of a Licensee’s prohibited use of the Service to: (i) disseminate, store or transmit unsolicited messages, "spam," chain letters, or unsolicited commercial e-mail; (ii) disseminate or transmit material that is unlawful or material that, Content shall be considered a breach of this Agreement entitling Licensor to a reasonable person, may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate, store or transmit files, graphics, software or material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person or entity; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authorities, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized immediately discontinue Licensee’s access to other accounts on the Service or any other computer network; (vii) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; (viii) upload, post, email or otherwise transmit web-based application and any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors in any way; (x) interfere with or disrupt the Service or servers or networks connected to the Service; or (xi) disobey any requirements, procedures, policies, or regulations related to the Servicetherein.
Appears in 1 contract
Samples: End User License Agreement
Prohibited Uses. You understand that you All licenses granted in this Agreement are solely responsible for any and all acts and omissions that occur under subject to the limitations specified in your account or passwordsOrder Form. In addition, Customer shall not, and you agree shall not to engage permit any other Person to, access or use any Services except as expressly permitted by this Agreement and, in any unacceptable use the case of Third-Party Materials, the applicable third-party license agreement. For purposes of clarity and without limiting the generality of the Service which includesforegoing, without limitationCustomer shall not, use and shall not permit any other Person to, except as this Agreement expressly permits:
i. interfere with or disrupt the Services or servers, networks or devices connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
ii. inject content or code or otherwise alter or interfere with the way any of the Service to: (i) disseminateServices are rendered or displayed in a user’s browser or device;
iii. reverse engineer, store or transmit unsolicited messagesdisassemble, "spam," chain lettersdecompile, decode, or unsolicited commercial eotherwise attempt to derive or gain access to the source code of the Software or any part thereof;
iv. take any action that imposes an unreasonable load on our infrastructure or that of our third party providers (where ZillionInfo reserves the right to determine what is reasonable or unreasonable);
v. access, tamper with or use non-mail; (ii) disseminate public areas or transmit material that is unlawful or material that, to a reasonable person, may be abusive, harmful, invasive parts of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threateningthe Services, or malicious; shared areas of the Services that ZillionInfo has not invited you to access;
vi. access, search or create accounts for the Services by any means (iiifor example, scraping, spidering or crawling) disseminateother than our publicly supported interfaces;
vii. copy, store modify, or transmit filescreate derivative works or improvements of the Services, graphicsexcept to the extent permitted by applicable open source licenses;
viii. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services to any other Person, including through or in connection with any time-sharing, service bureau, software as a service, cloud or material that actually other technology or potentially infringes the service;
ix. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, trade secret or other intellectual property right of or proprietary rights notices from any person Services, including any copy thereof;
x. use any Services in a manner or entity; (iv) create a false identity or to otherwise attempt to mislead for any person as to the identity or origin of any communication; (v) exportpurpose that infringes, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authoritiesmisappropriates, or without all required approvalsotherwise violates any law or Intellectual Property Right;
xi. use the Services for purposes of competitive analysis, licenses the development of a competing software product or exemptions; (vi) interfereservice, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (vii) disseminatepurpose that is to ZillionInfo's commercial disadvantage including without limitation, store to develop a general database of locations or transmit viruses, Trojan horses points of interest or any other malicious code or program; (viii) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors general purpose database;
xii. use the Services in any way; (x) manner that damages or overburden ZillionInfo Platform or interfere with or disrupt any other Person’s use of ZillionInfo Platform; or
xiii. otherwise use the Service or servers or networks connected to Services beyond the Service; or (xi) disobey any requirements, procedures, policies, or regulations related to scope of the Servicelicenses granted in this Agreement.
Appears in 1 contract
Samples: Master Services Agreement
Prohibited Uses. You understand that you are solely responsible for must not do (or permit or encourage to be done) any and all acts and omissions that occur under your account or passwords, and you agree not to engage in any unacceptable use of the Service which includesfollowing, without limitationin whole or in part: (a) copy, use "frame" or "mirror" the Services; (b) sell, assign, transfer, lease, sublicense, or otherwise distribute or make available the Services to any third party (such as offering it as part of a time- sharing or service bureau environment); (c) publicly perform, display or communicate the Services; (d) modify, adapt, arrange, or translate the Services; (e) decompile, disassemble, decrypt, reverse engineer, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas, or algorithms) of the Service to: Services; (f) remove, alter, or conceal any copyright, trademark or other proprietary rights notices displayed in the Services; (g) circumvent, disable or otherwise interfere with security-related features of the Services, or publicly identify any security vulnerabilities in them; (h) make a derivative work of the Services, or use them to develop any service or product that is substantially similar to it; (i) disseminate, store or transmit unsolicited messagesany robot, "spam," chain lettersmalware, Trojan horse, or unsolicited commercial e-mailsimilar malicious item (for example, by way of Account Content) intended (or that has the potential) to damage or disrupt the Services; (iij) disseminate or transmit material that is unlawful or material that, to a reasonable person, may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate, store or transmit files, graphicsemploy any hardware, software or material technique to pool connections, devices or users that actually use the Services (sometimes referred to as 'virtualization', 'multiplexing' or potentially infringes 'pooling') in order to circumvent any limitations or conditions on the copyrightscope of your Subscription; (k) forge or manipulate identifiers in order to disguise the origin of any Account Content or impersonate any person or entity, trademark, patent, trade secret or other intellectual property right of make any false statement pertaining to your identity or affiliation with any person or entity; (ivl) create a false identity take any action that imposes (as determined in Lightricks' discretion) an unreasonable or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authorities, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts disproportionately large load on the Service servers or any other computer network; (vii) disseminatecloud infrastructure which operate or support the Services, store or transmit viruses, Trojan horses or any other malicious code or program; (viii) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors in any way; (x) interfere with systematically abuse or disrupt the Service or integrity of such servers or networks connected infrastructure, or send automated queries; (m) engage in any activity that constitutes or encourages conduct that constitutes a criminal offense, gives rise to civil liability or otherwise violates any applicable law, including without limitation laws governing privacy, defamation, spam, and copyright; (n) cause or launch any programs for the purpose of scraping, indexing, or otherwise data mining any portion of the Services, or use robots, crawlers and similar applications to collect and compile Content from the Services, or send data to or from the Services for the purposes of competing with the Services or in such ways that may impair the Services' functionality; (o) display or embed Content from the Services (including without limitation by any software, Feature, gadget or communication protocol), which alters the Content or its design; (p) collect or process personal information regarding the Services' users, without their prior explicit consent, or threaten or intimidate other users of the Services; (q) link to the ServiceServices from web pages or applications that contain pornographic Content or Content that encourages racism or wrongful discrimination; and/or (r) include in any Account Content information which may be considered as identifying a minor (or (xi) disobey any requirements, procedures, policiesinformation enabling contact of minors), or regulations related to the Servicewhich violates a person's privacy rights or publicity rights, which is threatening, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable, or which constitutes unsolicited commercial communications ('spam') or pyramid schemes.
Appears in 1 contract
Samples: Terms of Use
Prohibited Uses. You understand that you are solely responsible Unacceptable actions and content relating to the Business Directory will constitute grounds for any and all acts and omissions that occur under blocking access, removal of posted or created material, termination of your account or passwordsMembership and/or termination of this Agreement, and you agree not to engage in any unacceptable at the sole option of Buffini & Company. It is a condition of your use of the Service which includesBusiness Directory that you do not:
i. upload, without limitation, use of the Service to: (i) disseminate, store or transmit unsolicited messages, "spam," chain letterspost, or unsolicited commercial e-mail; (ii) disseminate or otherwise transmit material any content that is unlawful or material that, to a reasonable person, may be abusiveunlawful, harmful, threatening, harassing, defamatory, disparaging, obscene, vulgar, invasive of another's ’s privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threateninghateful, or malicious; (iii) disseminate, store or transmit files, graphics, software or material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person or entity; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authorities, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (vii) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; (viii) objectionable.
ii. upload, post, email or otherwise transmit any Content content, including photographs, that you do not have a the right to transmit under any law law, contract or under contractual otherwise;
iii. upload, post, or fiduciary relationships; (ix) harm otherwise transmit information which is harmful to minors in any way; (x) interfere with or disrupt the Service or servers or networks connected to the Service; or (xi) disobey any requirements;
iv. upload, procedures, policiespost, or regulations transmit information which forges headers or otherwise manipulates identifiers in order to disguise the origin of any content transmitted through the site.
v. upload, post or transmit any material that contains software viruses or other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
vi. upload, post, or transmit any advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation except those directly related to the Servicebusinesses included as part of the Business Directory;
vii. fail to disclose any ownership or financial interest you have in any businesses included in the Business Directory;
viii. exhibit expressions of abusive, offensive language or imagery, obscenity or pornography or any other material that could give rise to any civil or criminal liability or is otherwise objectionable;
ix. access or attempt to access any data not intended for you, or log into an account which you are not authorized to access.
Appears in 1 contract
Samples: Membership Agreement
Prohibited Uses. You understand that you are solely responsible for any and all acts and omissions that occur under your account or passwordsIn using the Sites, and you agree not to: Send or otherwise transmit to engage or through the Sites any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Sites or computers of any kind, and any unsolicited advertising, solicitation or promotional materials; Misrepresent your identity or affiliation in any unacceptable use way; Restrict or inhibit any person from using the Sites, disclose personal information obtained from the Sites or collect information about users of the Service which includesSites; Reverse engineer, disassemble or decompile any section or technology on the Sites, or attempt to do any of the foregoing; Gain unauthorized access to the Sites, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Sites; Launch or use any automated system, including without limitation, use “robots,” “spiders,” or “offline readers,” that access the Sites in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the Service to: (i) disseminatesame period by using a conventional web browser; Send or otherwise transmit to or through the Sites chain letters, store or transmit unsolicited messages, "spam," chain lettersso- called “spamming” or “phishing” messages, or unsolicited commercial e-mailmessages marketing or advertising goods and services; (ii) disseminate Post, transmit or transmit material that is unlawful or material thatotherwise make available any virus, to a reasonable personworm, may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate, store or transmit files, graphics, software or material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person or entity; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authorities, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service spyware or any other computer networkcode, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment; (vii) disseminate, store Violate any applicable laws or transmit viruses, Trojan horses regulations or these Terms and Conditions; Alter or modify any other malicious code part of the Content or programservices offered on the Sites; (viii) upload, post, email or otherwise transmit Assist or permit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors persons in engaging in any way; (x) interfere with or disrupt of the Service or servers or networks connected to the Service; or (xi) disobey any requirements, procedures, policies, or regulations related to the Serviceactivities described above.
Appears in 1 contract
Samples: Program Agreement
Prohibited Uses. You understand that you are solely responsible for any and all acts and omissions that occur under your account or passwords, and you agree not to engage in any unacceptable use of the Service which includes, without limitation, use of the Service to: (i) disseminate, store or transmit unsolicited messages, "spam," chain letters, or unsolicited commercial e-mail; (ii) disseminate or transmit material that that, is unlawful or material that, to a reasonable person, person may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, threatening or malicious; (iii) disseminate, store or transmit files, graphics, software or material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person or entityperson; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authorities, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (vii) disseminate, store or transmit viruses, Trojan trojan horses or any other malicious code or program; (viii) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors in any way; (x) interfere with or disrupt the Service or servers or networks connected to the Service; , or (xi) disobey any requirements, procedures, policies, or regulations related to the Service; (xi) intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; or (xii) engage in any other activity deemed by CUCorp to be in conflict with the spirit or intent of this Agreement.
Appears in 1 contract
Samples: Subscriber Agreement
Prohibited Uses. XxxxxXxx imposes certain restrictions on Your use of the Service. You understand agree that you are solely responsible will not:
a) bully, “stalk” or otherwise harass any person, or contact any person who has requested not to be contacted;
b) record Your workouts with other users;
c) provide false, misleading or inaccurate information to ShapeBud or any other user;
d) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
e) modify or change the placement and location of any advertisement posted through the Service;
f) harvest or otherwise collect information about ShapeBud users, including email addresses, phone numbers, and/or their fitness interests/preferences;
g) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any and all acts and omissions use, including without limitation use on Third-Party Websites or Applications;
h) access content or data not intended for You, or log onto a server or account that occur under your account You are not authorized to access;
i) attempt to probe, scan, or passwordstest the vulnerability of the Service, and you agree not or any associated system or network, or breach security or authentication measures without proper authorization;
j) interfere or attempt to engage in any unacceptable interfere with the use of the Service which includesby any other user, host, or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
k) interfere with or damage the Service including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Service to: (ior its contents;
l) disseminatesend or otherwise transmit to or through the Service chain letters, store or transmit unsolicited messages, "spam," chain lettersso-called “spamming” or “phishing” messages, or unsolicited commercial e-mail; (iimessages marketing or advertising goods and services;
m) disseminate forge any TCP/IP packet header or transmit material that is unlawful any part of the header information in any email or material that, to a reasonable person, may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threateningin any uploading or posting to, or malicious; (iiitransmission, display, performance or distribution by means of, the Service;
n) disseminate, store or transmit files, graphics, software or material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person or entity; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) exportmodify, rereverse-export or permit downloading of any message or content in violation of any export or import lawengineer, regulation or restriction of the United States and its agencies and authoritiesdecompile, disassemble, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt otherwise reduce or attempt to gain unauthorized access reduce to other accounts on a human-perceivable or code-level form any of the Service or any other computer network; (vii) disseminate, store or transmit viruses, Trojan horses or any other malicious source code or program; (viii) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors created by the ShapeBud Parties in any way; (x) interfere with or disrupt the Service or servers or networks connected to providing the Service; or (xior
o) disobey assist any requirements, procedures, policies, or regulations related third-party in doing any of the foregoing. Any violation of this section may subject You to the Servicecivil and/or criminal liability.
Appears in 1 contract
Samples: Terms of Service
Prohibited Uses. You understand that Regarding your use of the Application and Services, you are solely responsible prohibited from (i) using it for any unlawful purposes; (ii) introducing any malicious content, including trojan horses, worms, viruses, or any other harmful material; (iii) transmitting, procuring, or sending any advertising or promotional material without our prior written consent, including any junk mail, chain letters, or spam; (iv) impersonating or attempting to impersonate the Company, another user, or a third-party; (v) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Application or the Company’s Services, as determined in our sole discretion, which may harm the Company, or its customers or other users of this Application, or expose them to liability; (vi) using any spider, robot, or other process, device, or means, whether automatic or manual, to access this Application or the Company’s Services, including data mining, copying, or monitoring this Application; (vii) using any software or device that interferes with the proper working of this Application or the Company’s Services; (viii) obtaining or attempting to obtain any unauthorized access to this Application, its server(s), database(s), computer(s), or any information thereon; (ix) attacking this Application or the Company’s Services with any denial-of-service (DoS) attack or commit any other cybercrime by, through, with, or to this Application or the Company’s Services; or, (x) otherwise attempting to disrupt or interfere with the proper working of the Company’s Services, this Application, or any related server(s), database(s), or computer(s). If you do any of the foregoing, whether willfully or negligently, you will be liable for any and all acts damages incurred by the Company, including attorneys’ fees and omissions that occur under your account or passwords, and you agree not to engage costs in any unacceptable use enforcement action, regardless of whether a lawsuit is filed or not, You are prohibited from using the Service which includesServices or Application to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material, or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the Services is expressly prohibited by this Agreement. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in these Terms of Use, we may take any action we deem necessary to cure or prevent the violation, including without limitation, use banning you from using the Services and/or the immediate removal of the Service related materials from the Services or Application at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. The Company will not monitor, edit, or disclose any User Contributions or other user information or content unless required by law or upon the good-faith belief that such action is necessary to: (i) disseminatecomply with applicable law, store or transmit unsolicited messages, "spam," chain letters, or unsolicited commercial e-mail; (ii) disseminate or transmit material that is unlawful or material thatcomply with a legal request to do so from law enforcement, to a reasonable person, may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminatecomply with legal process served on the Company, store or transmit files, graphics, software or material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person or entity; (iv) create a false identity protect the Company and its rights or to otherwise attempt to mislead any person as to property, the identity Services, or origin of any communication; the Application, or (v) exportin an emergency to protect the life, resafety, health, and well-export being (whether mental, physical, or permit downloading emotional) of any message person, the Company, the Application, the Services, or the public. Users shall remain solely responsible for the content of their messages and the Company shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Services at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any export or import law, regulation or restriction user who fails to conform to any provision of the United States and its agencies and authorities, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized these Terms of Use access to other accounts on the Service Services or any other computer network; (vii) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; (viii) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors in any way; (x) interfere with or disrupt the Service or servers or networks connected to the Service; or (xi) disobey any requirements, procedures, policies, or regulations related to the Servicepart thereof.
Appears in 1 contract
Samples: Rental Agreement
Prohibited Uses. In using the Mobile Apps, You understand agree not to:
a) Send or otherwise transmit to or through the Mobile Apps any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that you are solely responsible for can cause harm or delay to the Mobile Apps or computers of any and all acts and omissions that occur under your account or passwordskind, and you agree not any unsolicited email and/or advertisement or promotion of goods and services; malicious software or code; unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; any content that infringes a third party right or intellectual property; any content that may cause damage to engage a third party; any content which may constitute, cause or encourage a criminal action or violate any applicable law; or any illegal content.
b) Misrepresent Your identity or affiliation in any unacceptable use way;
c) Restrict or inhibit any person from using the Mobile Apps, disclose personal information obtained from the Mobile Apps or collect information about users of the Service which includesMobile Apps;
d) Xxxxxxx engineer, disassemble or decompile any section or technology on the Mobile Apps or attempt to do any of the foregoing;
e) Gain unauthorized access to the Mobile Apps, to other users' accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Mobile Apps;
f) Launch or use any automated system, including without limitation, use "robots," "spiders," or "offline readers," that access the Mobile Apps in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the Service to: (isame period by using a conventional web browser;
g) disseminateSend or otherwise transmit to or through the Mobile Apps chain letters, store or transmit unsolicited messages, so-called "spam,spamming" chain lettersor "phishing" messages, or unsolicited commercial e-mail; (iimessages marketing or advertising goods and services;
h) disseminate Post, transmit or transmit material that is unlawful or material thatotherwise make available any virus, to a reasonable personworm, may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate, store or transmit files, graphics, software or material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person or entity; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authorities, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service spyware or any other computer network; (viicode, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
i) disseminate, store Violate any applicable laws or transmit viruses, Trojan horses or any other malicious code or program; (viii) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors regulations in any way; (x;
j) interfere Alter or modify any part of the content or services offered on or through the Mobile Apps;
k) Allow any other person to use the Mobile Apps with Your registration or disrupt the Service or login information;
l) Accessing Ponea servers or networks connected internal computer systems, interfering in any way with the functionality of this Mobile Apps, gathering or altering any underlying software code, infringing any intellectual property rights;
m) Breach or otherwise circumvent Ponea’s security or authentication measures;
n) Assist or permit any persons in engaging in any of the activities described above;
o) Any breach of these Terms and Conditions of use shall result in the immediate revocation of the license granted without prior notice to You. Should We determine at our sole discretion that You are in breach of any of these conditions, We reserve the right to deny You access to the Service; Mobile Apps and do so without prejudice to any available remedies at law or (xi) disobey any requirements, procedures, policies, or regulations related to the Serviceotherwise.
Appears in 1 contract
Samples: Website Terms and Conditions
Prohibited Uses. You understand that you are solely responsible for must not do (or permit or encourage to be done) any and all acts and omissions that occur under your account or passwords, and you agree not to engage in any unacceptable use of the Service which includesfollowing, without limitationin whole or in part: (a) copy, use "frame" or "mirror" the Services; (b) sell, assign, transfer, lease, sublicense, or otherwise distribute or make available the Services to any third party (such as offering it as part of a time-sharing or service bureau environment); (c) publicly perform, display or communicate the Services; (d) modify, adapt, arrange, or translate the Services; (e) decompile, disassemble, decrypt, reverse engineer, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas, or algorithms) of the Service to: Services; (f) remove, alter, or conceal any copyright, trademark or other proprietary rights notices displayed in the Services; (g) circumvent, disable or otherwise interfere with security-related features of the Services, or publicly identify any security vulnerabilities in them; (h) make a derivative work of the Services, or use them to develop any service or product that is substantially similar to it; (i) disseminate, store or transmit unsolicited messagesany robot, "spam," chain lettersmalware, Trojan horse, or unsolicited commercial e-mailsimilar malicious item (for example, by way of Account Content) intended (or that has the potential) to damage or disrupt the Services; (iij) disseminate or transmit material that is unlawful or material that, to a reasonable person, may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate, store or transmit files, graphicsemploy any hardware, software or material technique to pool connections, devices or users that actually use the Services (sometimes referred to as 'virtualization', 'multiplexing' or potentially infringes 'pooling') in order to circumvent any limitations or conditions on the copyrightscope of your Subscription; (k) forge or manipulate identifiers in order to disguise the origin of any Account Content or impersonate any person or entity, trademark, patent, trade secret or other intellectual property right of make any false statement pertaining to your identity or affiliation with any person or entity; (ivl) create take any action that imposes (as determined in Lightricks' discretion) an unreasonable or disproportionately large load on the servers or other cloud infrastructure which operate or support the Services, otherwise systematically abuse or disrupt the integrity of such servers or infrastructure, or send automated queries; (m) engage in any activity that constitutes or encourages conduct that constitutes a false identity criminal offense, gives rise to civil liability or otherwise violates any applicable law, including without limitation laws governing privacy, defamation, spam, and copyright; (n) cause or launch any programs for the purpose of scraping, indexing, or otherwise data mining any portion of the Services, or use robots, crawlers and similar applications to otherwise attempt collect and compile Content from the Services, or send data to mislead or from the Services for the purposes of competing with the Services or in such ways that may impair the Services' functionality; (o) display or embed Content from the Services (including without limitation by any person as software, Feature, gadget or communication protocol), which alters the Content or its design; (p) collect or process personal information regarding the Services' users, without their prior explicit consent, or threaten or intimidate other users of the Services; (q) link to the identity Services from web pages or origin of any communicationapplications that contain pornographic Content or Content that encourages racism or wrongful discrimination; (vr) export, re-export include in any Account Content information which may be considered as identifying a minor (or permit downloading information enabling contact of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authoritiesminors), or without all required approvalswhich violates a person's privacy rights or publicity rights, licenses which is threatening, defamatory, libelous, vulgar, violent, obscene or exemptionsracially, ethnically or otherwise objectionable, or which constitutes unsolicited commercial communications ('spam') or pyramid schemes; and/or (s) with respect to Music Content: (1) use any Music Content in TV or SVOD, AVOD, FVOD or XXX productions, radio or podcast productions, feature films, vignettes or theme songs, corporate identification material (i.e. sound logos) or advertisements or commercials (i.e., productions published within paid media space, including, but not limited to, TV, cinema, radio or podcast commercials, out- of-home displays and online pre/mid/post-rolls; (vi2) interfereuse Music Content with material that is defamatory, disrupt illegal or attempt to gain unauthorized access to other accounts inciteful of an illegal act, immoral, hateful or discriminating against any person, constitutes encouragement of violence or use of weapons, or that otherwise violates any rights of anyone associated with the Music Content or any third party; (3) make available, or in any way exploit the Music Content for the purpose of making Music Content (in whole or in part) available, on a stand- alone basis (i.e., not being synchronized with your Account Content), or repackage the Service Music Content, or upload or use it (in whole or in part) as for example audio samples, sound libraries, or in Content ID or any other computer network; (vii) disseminatesimilar music recognition system for any purpose and/or in any way use, store or transmit virusesdistribute, Trojan horses or any other malicious code or program; (viii) upload, post, email or otherwise transmit exploit the Music Content as your property; and/or (4) incorporate any of your Account Content that you do not have containing Music Content in a right to transmit under any law software application or under contractual or fiduciary relationships; (ix) harm minors in any way; (x) interfere with or disrupt the Service or servers or networks connected to the Service; or (xi) disobey any requirements, procedures, policies, or regulations related to the Servicevideo game.
Appears in 1 contract
Samples: Terms of Use
Prohibited Uses. You understand that you are solely responsible for any In using the Websites and all acts and omissions that occur under your account or passwordsPlatforms, and you agree not to engage in any unacceptable use of the Service which includes, without limitation, use of the Service to: (i) disseminatesend or otherwise transmit to or through the Websites and Platforms any unlawful, store infringing, harmful, harassing, defamatory, threatening, hateful or transmit otherwise objectionable material of any kind, any material that can cause harm or delay to the Websites and Platforms or computers of any kind, and any unsolicited messagesadvertising, "spam," chain letters, solicitation or unsolicited commercial e-mailpromotional materials; (ii) disseminate misrepresent your identity or transmit material that is unlawful or material that, to a reasonable person, may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or maliciousaffiliation in any way; (iii) disseminate, store restrict or transmit files, graphics, software or material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of inhibit any person from using the Websites and Platforms, disclose personal information obtained from the Websites and Platforms or entitycollect information about users of the Websites and Platforms; (iv) create a false identity reverse engineer, disassemble or to otherwise decompile any section or technology on the Websites and Platforms, or attempt to mislead do any person as to of the identity or origin of any communicationforegoing; (v) exportgain unauthorized access to the Websites and Platforms, re-export to other users' accounts, names, personally identifiable information or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authoritiesother information, or without all required approvals, licenses to other computers or exemptionswebsites connected or linked to the Websites and Platforms; (vi) interferelaunch or use any automated system, disrupt including without limitation, "robots," "spiders," or attempt "offline readers," that access the Websites and Platforms in a manner that sends more request messages to gain unauthorized access our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; (vii) send or otherwise transmit to other accounts on or through the Service Websites and Platforms chain letters, unsolicited messages, so- called "spamming" or "phishing" messages, or messages marketing or advertising goods and services; (viii) post, transmit or otherwise make available any virus, worm, spyware or any other computer network; (vii) disseminatecode, store file or transmit virusesprogram that may or is intended to damage or hijack the operation of any hardware, Trojan horses software or any other malicious code or program; (viii) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationshipstelecommunications equipment; (ix) harm minors violate any applicable laws or regulations in any way; (x) interfere with alter or disrupt modify any part of the Service content or servers services offered on or networks connected to through the ServiceWebsites and/or Platforms; or (xi) disobey allow any requirements, procedures, policies, other person to use the Platforms with your registration or regulations related to login information; (xii) breach or otherwise circumvent our security or authentication measures; and (xiii) assist or permit any persons in engaging in any of the Serviceactivities described above.
Appears in 1 contract
Samples: Terms and Conditions
Prohibited Uses. You understand that you All licenses granted in this Agreement are solely responsible for any and all acts and omissions that occur under subject to the limitations specified in your account or passwordsOrder Form. In addition, Customer shall not, and you agree shall not to engage permit any other Person to, access or use any Services except as expressly permitted by this Agreement and, in any unacceptable use the case of Third-Party Materials, the applicable third-party license agreement. For purposes of clarity and without limiting the generality of the Service which includesforegoing, without limitationCustomer shall not, use and shall not permit any other Person to, except as this Agreement expressly permits:
i. interfere with or disrupt the Services or servers, networks or devices connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
ii. inject content or code or otherwise alter or interfere with the way any of the Service to: (i) disseminateServices are rendered or displayed in a user’s browser or device;
iii. reverse engineer, store or transmit unsolicited messagesdisassemble, "spam," chain lettersdecompile, decode, or unsolicited commercial eotherwise attempt to derive or gain access to the source code of the Software or any part thereof;
iv. take any action that imposes an unreasonable load on our infrastructure or that of our third-mail; party providers (ii) disseminate where CARTO reserves the right to determine what is reasonable or transmit material that is unlawful unreasonable);
v. access, tamper with or material that, to a reasonable person, may be abusive, harmful, invasive use non-public areas or parts of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threateningthe Services, or malicious; shared areas of the Services that CARTO has not invited you to access;
vi. access, search or create accounts for the Services by any means (iiifor example, scraping, spidering or crawling) disseminateother than our publicly supported interfaces;
vii. copy, store modify, or transmit filescreate derivative works or improvements of the Services, graphicsexcept to the extent permitted by applicable open source licenses;
viii. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services to any other Person, including through or in connection with any time-sharing, service bureau, software as a service, cloud or material that actually other technology or potentially infringes the service;
ix. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, trade secret or other intellectual property right of or proprietary rights notices from any person Services, including any copy thereof;
x. use any Services in a manner or entity; (iv) create a false identity or to otherwise attempt to mislead for any person as to the identity or origin of any communication; (v) exportpurpose that infringes, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authoritiesmisappropriates, or without all required approvalsotherwise violates any law or Intellectual Property Right;
xi. use the Services for purposes of competitive analysis, licenses the development of a competing software product or exemptions; (vi) interfereservice, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (vii) disseminatepurpose that is to CARTO's commercial disadvantage including without limitation, store to develop a general database of locations or transmit viruses, Trojan horses points of interest or any other malicious code or program; (viii) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors general purpose database;
xii. use the Services in any way; (x) manner that damages or overburden CARTO Platform or interfere with or disrupt the Service or servers or networks connected to the Serviceany other Person’s use of CARTO Platform; or (xi) disobey any requirements, procedures, policies, or regulations related to xiii. otherwise use the ServiceServices beyond the scope of the licenses granted in this Agreement.
Appears in 1 contract
Samples: Master Services Agreement
Prohibited Uses. In using the Site, You understand agree not to:
a) Send or otherwise transmit to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that you are solely responsible for can cause harm or delay to the Site or computers of any and all acts and omissions that occur under your account or passwordskind, and you agree not any unsolicited email and/or advertisement or promotion of goods and services; malicious software or code; unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; any content that infringes a third party right or intellectual property; any content that may cause damage to engage a third party; any content which may constitute, cause or encourage a criminal action or violate any applicable law; or any illegal content.
b) Misrepresent Your identity or affiliation in any unacceptable use way;
c) Restrict or inhibit any person from using the Site, disclose personal information obtained from the Site or collect information about users of the Service which includesSite;
d) Xxxxxxx engineer, disassemble or decompile any section or technology on the Site or attempt to do any of the foregoing;
e) Gain unauthorized access to the Site, to other users' accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Site;
f) Launch or use any automated system, including without limitation, use "robots," "spiders," or "offline readers," that access the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the Service to: (isame period by using a conventional web browser;
g) disseminateSend or otherwise transmit to or through the Site chain letters, store or transmit unsolicited messages, so-called "spam,spamming" chain lettersor "phishing" messages, or unsolicited commercial e-mail; (iimessages marketing or advertising goods and services;
h) disseminate Post, transmit or transmit material that is unlawful or material thatotherwise make available any virus, to a reasonable personworm, may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate, store or transmit files, graphics, software or material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person or entity; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authorities, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service spyware or any other computer network; (viicode, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
i) disseminate, store Violate any applicable laws or transmit viruses, Trojan horses or any other malicious code or program; (viii) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors regulations in any way; (x;
j) interfere Alter or modify any part of the content or services offered on or through the Site;
k) Allow any other person to use the Site with Your registration or disrupt the Service or login information;
l) Accessing Ponea servers or networks connected internal computer systems, interfering in any way with the functionality of this Site, gathering or altering any underlying software code, infringing any intellectual property rights;
m) Breach or otherwise circumvent Ponea’s security or authentication measures;
n) Assist or permit any persons in engaging in any of the activities described above;
o) Any breach of these Terms and Conditions of use shall result in the immediate revocation of the license granted without prior notice to You. Should We determine at our sole discretion that You are in breach of any of these conditions, We reserve the Service; right to deny You access to this Site and its contents and do so without prejudice to any available remedies at law or (xi) disobey any requirements, procedures, policies, or regulations related to the Serviceotherwise.
Appears in 1 contract
Samples: Website Terms and Conditions
Prohibited Uses. You understand that you are solely responsible Customer and Authorized Users will not: (a) “frame”, distribute, resell, or permit access to the Services by any third party other than for its intended purposes, including encumbering, sublicensing, transferring, renting, leasing, service bureau, time-sharing purposes or providing login information; (b) use the Services other than in compliance with applicable laws; (c) interfere with the Services or disrupt any and all acts and omissions that occur under your account other user’s access to the Services; (d) share non-public features or passwords, and you agree not to engage in any unacceptable use content of the Service which includesServices with any third party;
(e) successfully or otherwise, without limitationattempt to decompile, use disassemble, reverse engineer, gain unauthorized access to the Service, or discover the underlying source code or structure of, the Services,; (f) copy, distribute, manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify any aspect of the Service to: Services; (ig) disseminateaccess or use the Services in order to build a competitive product or service, store to build a product using similar idea features, functions or transmit unsolicited messagesgraphics or to copy any ideas, "spam," chain lettersfeatures, functions or graphics of the Services, extract information from the Services in furtherance of competing with Qohash, adapt, or unsolicited commercial e-mailprovide access to the Services to an individual associated with a Competitor of Qohash; (iih) disseminate provide Qohash with any Customer Data or transmit material suggestions that is unlawful or material that, to a reasonable person, may be abusive, harmful, invasive of another's privacy, obscene, pornographic, defamatory, harassing, grossly offensivediscriminatory, vulgar, threateninginfringing of third party intellectual property rights, or maliciousunlawful; (iiii) disseminatetransfer to the Services or otherwise use on the Services any files that contain viruses, store or transmit corrupted files, graphics“back door”, Trojan horse, or any other similar code, software or material programs that actually or potentially infringes may damage the copyright, trademark, patent, trade secret or other intellectual property right operation of any person or entitythe Services; (ivj) create a false identity or to otherwise attempt to mislead any person as to probe, scan, test the identity or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authoritiesvulnerability of, or without all required approvalscircumvent any security mechanisms used by the sites, licenses or exemptions; (vi) interfereservers, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (vii) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; (viii) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (ix) harm minors in any way; (x) interfere with or disrupt the Service or servers or networks connected to the ServiceServices; (k) transfer to the Services or otherwise use on the Services any routine, device, code, exploit, or other undisclosed feature that is designed to delete, disable, deactivate, interfere with or otherwise harm any software, program, data, device, system or service, or which is intended to provide unauthorized access or to produce unauthorized modifications; (l) take any action that imposes an unreasonably or disproportionately large load on the sites, servers, or networks connected to the Services or actions that significantly exceed normal usage patterns that could impair the functionality or the operational performance of the Services, such as, without limitation, automated or scripted tools that would send more requests to the Services than humanly possible in the same period, massive filed uploads or downloads that are not consistent with standard usage practices, use of tools designed to generate load or stress tests or excessive retrieval or insertion of data; (m) access or use, or attempt to do so, any other customers’ or their users’ data through the Platform; (m) use any robot, spider, data scraping, or extraction tool or similar mechanism with respect to the Services; or (xin) disobey permit any requirements, procedures, policies, or regulations related third party to engage in any of the foregoing proscribed acts. Qohash reserves the right to suspend Customer’s (and Authorized User) access to the ServiceServices if it suspects any breach of the requirement hereunder, in addition to such remedies as Qohash may have. In the context of this MSA, “Competitor of Qohash” shall mean any entity that provides the same or similar goods and services to those provided by Qohash, as would be determined by a commercially reasonable individual.
Appears in 1 contract
Samples: Master Subscription Agreement
Prohibited Uses. You understand that you are solely responsible Use of the Site for any and all acts and omissions that occur under your account or passwords, and you agree not to engage in any unacceptable use of the Service which includes, without limitation, use of the Service to: (i) disseminate, store or transmit unsolicited messages, "spam," chain lettersillegal purpose, or unsolicited commercial e-mail; (ii) disseminate any other purpose not expressly permitted in these Terms, is strictly prohibited. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including removing the offending Content from our Site, suspending or transmit material terminating access to our Services and/or Site and reporting such violators to law enforcement authorities. Below are examples of content and/or uses that is unlawful illegal or material thatprohibited: Use this Site to harass, to a reasonable abuse, or threaten any other person, may be abusive; Provide information that is unlawful, harmful, invasive of another's privacydeceptive, obscene, pornographictortious, defamatory, harassing, grossly offensive, vulgar, threateninglibelous, or maliciousinvasive of ĂŶŽƚŚpriĞvaƌcy;͛Ɛ Use this Site commercially, for benchmarking, or to compile information for a product or service; Copy, download (iii) disseminateother than for personal use, store or transmit as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through this Site by any means except as provided for in these Terms or with the prior written consent of TOKENIZER, INC; Scrape, access, monitor, index, frame, link, or copy any content or information on this Site by accessing this Site in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly available portions of this Site through a browser or accessing this Site through any approved API; Violate the restrictions in any robot exclusion headers of this Site, if any, or bypass or circumvent other measures employed to prevent or limit access to this Site; Upload or otherwise make available any material that contains any software, device, instructions, computer code, files, graphicsprograms and/or other content or feature that is designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, ͞ĚŝƐĂ͞ďůŽŝŽĐŶƵŬŐƚor͕͟͞ŵĞƚŐĞ͟dƌevŝiceŶ, or material that actually any malicious code); Attempt to disable, overburden, or potentially infringes impair the proper working of this Site (including the use of any Maillist, Listserv, or any form of auto-responder or ͞ƐƉĂŵ͟Ϳ͖ Use the Website to distribute any other ƉĂƌiƚnteLJlle͛ctƐual property unless you have the right to do so, or remove or alter any copyright, trademark, patent, trade secret or other intellectual property right of any person proprietary notice contained on this Site; Make available trade secrets or entity; (iv) create a false identity other confidential or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies and authoritiesproprietary information, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or provide any other computer network; (vii) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; (viii) upload, post, email or otherwise transmit any Content material that you do not have a right to transmit make available under any law or under contractual or fiduciary relationships, including but not limited to insider information, or confidential or proprietary information learned or disclosed as part of employment relationships or under non-disclosure agreements; Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity; Violate these Terms or any guidelines or policies posted by XXXXXXXXX, INC; and/or Interfere with any other ƉĂƌuƚseLJo͛f thƐis Site. Please note that the terms and restrictions described in these Terms also apply to any content that you may be able to copy or download from this Site (ix) harm minors e.g., guides and white papers). TOKENIZER, INC reserves the right, but not the obligation, in our sole and absolute discretion, to remove any way; (x) interfere with or disrupt the Service or servers or networks connected information provided by you, and/or block access to the Service; or (xi) disobey any requirements, procedures, policies, or regulations related to the ServiceSite.
Appears in 1 contract
Samples: Terms of Service