Rules of Conduct. While using the Services you will comply with all privacy, data protection, intellectual property, and other applicable laws. In addition, you must respect the rights and dignity of others. Your use of the Services is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Services. You understand, acknowledge, agree and warrant that you will not: ● Post, transmit, or otherwise make available through or in connection with the Services anything that is or may be: (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, or otherwise objectionable to the person with whom you share; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right; ● Post, transmit, or otherwise make available through or in connection with the Services any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense; ● Use the Services to post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; ● Use the Services to advertise or offer to sell or buy any goods or services except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● Use the Services for any fraudulent or unlawful purpose; ● Harvest or collect Personal Information about other users of the Services without such other users’ consent; ● Impersonate any person or entity, including any representative of XEAL or its affiliates or business partners, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that XEAL endorses any statement you make; ● Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, or violate any requirements, procedures, policies or regulations of such networks; ● Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services); ● Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services (including any content, product, service and other materials available through the Services), except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services (including any content and other materials available through the Services to which you do not have ownership or rights), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions; ● Remove any copyright, trademark or other proprietary rights notice from the Services or content and other materials originating from the Services; ● Frame or mirror any part of the XEAL Services without XEAL’s express prior written consent; ● Create a database by downloading and storing all or any content available through the Services; ● Upload, post, or transmit to the Services any virus, worm, Trojan horse or other malware or computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software; or ● Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way copy, reproduce, or circumvent any content, navigational structure or presentation related to the Services.
Appears in 1 contract
Samples: Terms of Service
Rules of Conduct. While using the Services you will comply with all privacy, data protection, intellectual property, and other applicable laws. In addition, you must respect the rights and dignity of others. Your use of the Services is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Services. You understand, acknowledge, agree and warrant that you will not: ● • Post, transmit, or otherwise make available through or in connection with the Services anything that is or may be: (a) threatening, harassing, degrading or hateful;
(b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, or otherwise objectionable to the person with whom you share; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right; ● • Post, transmit, or otherwise make available through or in connection with the Services any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense; ● • Use the Services to post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; ● • Use the Services to advertise or offer to sell or buy any goods or services except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● • Use the Services for any fraudulent or unlawful purpose; ● • Harvest or collect Personal Information about other users of the Services without such other users’ consent; ● • Impersonate any person or entity, including any representative of XEAL or its affiliates or business partners, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that XEAL endorses any statement you make; ● • Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, or violate any requirements, procedures, policies or regulations of such networks; ● • Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services); ● • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services (including any content, product, service and other materials available through the Services), except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● • Modify, adapt, translate, reverse rXealrse engineer, decompile or disassemble any portion of the Services (including any content and other materials available through the Services to which you do not have ownership or rights), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions; ● • Remove any copyright, trademark or other proprietary rights notice from the Services or content and other materials originating from the Services; ● • Frame or mirror any part of the XEAL Services without XEAL’s express prior written consent; ● • Create a database by downloading and storing all or any content available through the Services; ● • Upload, post, or transmit to the Services any virus, worm, Trojan horse or other malware or computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software; or ● • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieveretriXeal, index, “scrape,” “data mine” or in any way copy, reproduce, or circumvent any content, navigational structure or presentation related to the Services.
Appears in 1 contract
Samples: Terms of Service
Rules of Conduct. While using The following is an incomplete list of illegal and prohibited uses of the Services you will comply with all privacy, data protection, intellectual property, and other applicable lawsService. In addition, you must respect the rights and dignity of others. Your ZDH may investigate any illegal and/or unauthorized use of the Services is conditioned on your compliance with Service, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. While utilizing the rules of conduct set forth in this section; any failure to comply Service, you may result in termination of your access to the Services. You understand, acknowledge, agree and warrant that you will not: ● Post, transmit, or otherwise make available through or in connection with • use the Services anything that is or may be: (a) threatening, harassing, degrading or hateful;
(b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, or otherwise objectionable to the person with whom you share; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right; ● Post, transmit, or otherwise make available through or in connection with the Services any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense; ● Use the Services to post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; ● Use the Services to advertise or offer to sell or buy any goods or services except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● Use the Services for any fraudulent or unlawful purpose; ● Harvest or collect Personal Information about other users of the Services without such other users’ consent; ● Impersonate any person or entity, including any representative of XEAL or its affiliates or business partners, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that XEAL endorses any statement you make; ● Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, or violate any requirements, procedures, policies or regulations of such networks; ● Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services); ● Reproduce, duplicate, copy, sell, resell or otherwise exploit Service for any commercial purposespurpose, to distribute any portion of, use ofadvertising or solicitation of funds or goods and services, or access to solicit users to join competitive online services; • post on the Services (including Service any content, product, service and other materials available through the Services), except as permitted by these Terms links to any external Internet sites that are obscene or contemplated by the Services or with XEAL’s express prior written consent; ● Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services (including any content and other materials available through the Services to which you do not have ownership or rights), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions; ● Remove any copyright, trademark or other proprietary rights notice from the Services or content and other materials originating from the Services; ● Frame or mirror any part of the XEAL Services without XEAL’s express prior written consent; ● Create a database by downloading and storing all or any content available through the Services; ● Upload, postpornographic, or transmit to the Services any virus, worm, Trojan horse display pornographic or other malware or computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation sexually explicit material of any hardware or softwarekind; or ● Use • use any robot, spider, site search/search and/or retrieval application application, or other manual or automatic device to retrieve, index, “scrape,” “data mine” retrieve or in index any way copy, reproduceportion of the Service; • reformat or frame any portion of any web page that is part of the Service; • post Material containing restricted or password only access pages, or circumvent hidden pages or images (those not linked to or from another accessible page); • submit any contentMaterial that falsely implies sponsorship of that Material by the Service and/or ZDH, navigational structure or presentation related promote any information that you know is false, misleading, or libelous; • transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Service; • submit Material that violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user, by linking or any other method, to the ServicesMaterial of a third party without the third party’s written consent; • promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; • submit Material that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening unlawful or promotes or encourages illegal activity.
Appears in 1 contract
Samples: Publishing License Agreement (Ziff Davis Holdings Inc)
Rules of Conduct. While using You agree to use the Services you will Website only for lawful purposes and in accordance with these Terms of Service. You shall strictly comply with all privacy, data protection, intellectual property, and other applicable laws. In addition, you must respect the rights treaties, ordinances, codes and dignity of others. Your regulations in your access and use of the Services is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Website and/or Services. You understand, acknowledge, agree and warrant that you will not: ● Postnot (and will not permit any third party to) publish, transmit, or otherwise make available through or in connection with the Services anything that is or may be: (a) threatening, harassing, degrading or hateful;
(b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, or otherwise objectionable to the person with whom you share; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right; ● Post, transmit, or otherwise make available through or in connection with the Services any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense; ● Use the Services to post, transmit, transfer, distribute or upload any content data, information and/or materials on or through the Website and/or the Services which:
(i) is or may be false, indecent, misleading, untruthful or inaccurate;
(ii) promotes or encourages or may promote or encourage illegal activity (including the breach of any financial regulatory licensing requirements);
(iii) is or may be racially or ethnically or otherwise make available offensive;
(iv) constitutes or may constitute agitation against a minority (such as a national or ethnic group);
(v) constitutes or may constitute defamation;
(vi) contains or may contain pornography or is in any unsolicited other way sexually explicit;
(vii) attacks or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” may attack sexual orientation or investment opportunityreligion, or is or may be discriminating in any other form way;
(viii) may not be lawfully disseminated under applicable laws;
(ix) you know or have reason to suspect contains any viruses or damaging components which may detrimentally interfere with the Website and/or the Services;
(x) is or may in any way be harmful, abusive, offensive or illegal; or
(xi) infringes the rights of solicitation; ● Use any third party (including intellectual property rights). You agree and warrant that you will not (and will not permit any third party to):
(i) use the Website and/or the Services to advertise defame, harass, discriminate or offer to sell threaten another person/company or buy in any goods other way violate rights;
(ii) distribute or services except as reproduce all or any part of the Website and/or the Services;
(iii) alter, disassemble, decompile or reverse engineer any part of the Website and/or the Services, unless explicitly permitted by mandatory law;
(iv) use software that reads data on the Website and/or the Services automatically;
(v) use the Website and/or the Services to request or encourage other users to breach any provision of these Terms or contemplated by of Service and/or any terms and conditions applicable to the Services or with XEAL’s express prior written consent; ● Use Website and/or the Services;
(vi) abuse the Website and/or the Services;
(vii) use the Website and/or the Services for any fraudulent unlawful or unlawful purpose; ● Harvest unauthorized purpose or collect Personal Information about other users than in conformance with the acceptable use policies of any connected computer networks and any applicable Internet standards (which includes transmitting any computer viruses through the Website, or using the Website and/or the Services without such other users’ consent; ● Impersonate in a manner which violates or infringes the rights of anyone else);
(viii) use any person software or entity, including material or upload any representative of XEAL materials which contains a virus or its affiliates damaging component which may corrupt this Website’s data or business partners, falsely state or otherwise misrepresent your affiliation interfere with any person or entity, or express or imply that XEAL endorses any statement you make; ● Interfere with or disrupt the operation of this Website and/or the Services or Services; or
(ix) broadcast, copy, download, frame, reproduce, republish, transmit in any manner whatsoever, any material on the servers or networks used to make Website except as is strictly necessary for the Services available, or violate any requirements, procedures, policies or regulations of such networks; ● Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion performance of the Services); ● Reproduce. Arcor reserves the right to immediately remove any Member Materials or other content from the Website that Arcor at its sole discretion deems to be in breach of these Terms of Service and/or any terms or conditions applicable to the Website and/or the Services, duplicate, copy, sell, resell or otherwise exploit harmful for any commercial purposes, any portion of, use of, Arcor or access to the Services (including any content, product, service and other materials available through the Services), except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services (including any content and other materials available through the Services to which you do not have ownership or rights), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions; ● Remove any copyright, trademark or other proprietary rights notice from the Services or content and other materials originating from the Services; ● Frame or mirror any part of the XEAL Services without XEAL’s express prior written consent; ● Create a database by downloading and storing all or any content available through the Services; ● Upload, post, or transmit to the Services any virus, worm, Trojan horse or other malware or computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software; or ● Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way copy, reproduce, or circumvent any content, navigational structure or presentation related to the Servicesits Users.
Appears in 1 contract
Samples: Terms of Service
Rules of Conduct. While using You may only use the Services Sites in accordance with this Agreement. You agree you will comply with all privacy, data protection, intellectual property, and other applicable laws. In addition, you must respect the rights and dignity of others. Your not engage or attempt to engage in any improper use of the Services is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Services. You understandSites, acknowledgeincluding, agree and warrant that you will not: ● Post, transmit, or otherwise make available through or in connection with the Services anything that is or may be: without limitation:
(a) posting on your website or any other website any link to any of the Sites or otherwise republishing, redistributing, or re-transmitting the Sites and Content without BenefitMall’s prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that BenefitMall endorses you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, harassingabusive, degrading libelous, pornographic, obscene, vulgar, indecent, offensive, or hatefulwhich infringes on the intellectual property rights or other rights of BenefitMall or any third party; or otherwise do anything that it is not expressly permitted by this Agreement;
(b) defamatory; using the Sites for any purpose other than as provided in this Agreement, including, without limitation, advertising or soliciting funds or goods and services or soliciting users to join competitive online services;
(c) fraudulent violating any applicable law or tortious; regulation;
(d) obscene, indecent, impersonating or otherwise objectionable to the person with whom you share; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right; ● Post, transmit, or otherwise make available through or in connection with the Services any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense; ● Use the Services to post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; ● Use the Services to advertise or offer to sell or buy any goods or services except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● Use the Services for any fraudulent or unlawful purpose; ● Harvest or collect Personal Information about other users of the Services without such other users’ consent; ● Impersonate any person or entity, including any representative of XEAL or its affiliates or business partners, falsely state or otherwise misrepresent misrepresenting your affiliation with any person or entity, or express or imply that XEAL endorses ;
(e) storing any statement you make; ● Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, or violate any requirements, procedures, policies or regulations of such networks; ● Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services); ● Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services Sites (including any content, product, service and other materials available through the Services), except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services (including any content and other materials available through the Services to which you do not have ownership or rights), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions; ● Remove any copyright, trademark pages thereof) on a server or other proprietary rights notice from the Services storage device connected to a network or content and other materials originating from the Services; ● Frame or mirror any part of the XEAL Services without XEAL’s express prior written consent; ● Create creating a database by systematically downloading and storing all any data from the Sites (other than for page caching);
(f) removing or changing any content of the Sites or attempting to circumvent security or interfere with the proper working of the Sites or any content available through the Services; ● Upload, post, or transmit to the Services any virus, worm, Trojan horse or other malware or computer code, file, or program that servers on which either is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software; or ● Use hosted;
(g) using any robot, data mining, screen scraping, spider, site search/retrieval application application, or other manual or automatic device or process to retrieve, index, “scrape,” “data mine” ”, or in any way copy, reproduce, reproduce or circumvent any content, the navigational structure or presentation related of the Sites or any Content;
(h) posting, distributing, or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
(i) interfering with or disrupting the Sites or any servers or networks connected to the ServicesSites;
(j) posting, emailing, or otherwise transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; and
(k) modifying, copying, reproducing, duplicating, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or otherwise disassembling any portion of the Sites or any software used on or for any of the Sites or causing others to do so.
Appears in 1 contract
Samples: User Agreement
Rules of Conduct. While using the Services you will comply with all privacy, data protection, intellectual property, and other applicable laws. In addition, you must respect the rights and dignity of others. Your use of the Actor Trade Website, App and Services is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct set forth conduct. You agree that you will not violate any applicable law or regulation in this section; any failure to comply may result in termination connection with your use of your access to the Website, App or Services. You understandagree not to distribute, acknowledgeupload, make available or otherwise publish through the Website, App or Services any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that: · is unlawful or encourages another to engage in anything unlawful; · contains a virus or any other similar programs or software which may damage the operation of our or another’s computer; · violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party; or, · is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying. You must keep your user name and password and any other information needed to login to the Website, App or Services, if applicable, confidential and secure. We are not responsible for any unauthorized access to your account or profile by others. You further agree and warrant that you will not: ● Post, transmit, or otherwise make available through or in connection with the Services anything that is or may be: (a) threatening, harassing, degrading or hateful;
(b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, or otherwise objectionable to the person with whom you share; or (e) protected by copyright, trademark or other proprietary right without the express prior consent not do any of the owner of such right; ● Post, transmit, or otherwise make available through or in connection with the Services any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense; ● Use the Services to post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; ● Use the Services to advertise or offer to sell or buy any goods or services except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● Use the Services for any fraudulent or unlawful purpose; ● Harvest or collect Personal Information about other users of the Services without such other users’ consent; ● Impersonate any person or entity, including any representative of XEAL or its affiliates or business partners, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that XEAL endorses any statement you make; ● Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, or violate any requirements, procedures, policies or regulations of such networks; ● Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services); ● Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services (including any content, product, service and other materials available through the Services), except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● Modifyfollowing: · modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Services (including any content and other materials available through the Services to which you do not have ownership Website, App or rights), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions; ● Remove any copyright, trademark or other proprietary rights notice from the Services or content and other materials originating from the Services; ● Frame · interfere with or mirror any part disrupt the operation of the XEAL Services without XEAL’s express prior written consentWebsite, App or Services, including restricting or inhibiting any other person from using the Service by means of hacking or defacing; ● Create a database by downloading and storing all or any content available through the Services; ● Upload, post, or · transmit to or make available in connection with the Website, App or Services any denial of service attack, virus, worm, Trojan horse or other malware harmful code or computer codeactivity; · attempt to probe, filescan or test the vulnerability of a system or network of the Website, App or Services or to breach security or authentication measures without proper authorization; · take any action that imposes, or program may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; · harvest or collect the email address or other contact information of other users of the Website, App or Services; · scrape or collect content from the Website, App or Services via automated or large group means; · submit, post or make available false, incomplete or misleading information to the Website, App or Services, or otherwise provide such information to us; · register for more than one user account; or, · impersonate any other person or business. You are not licensed to access any portion of the Service that is harmful or invasive or not public, and you may or is intended not attempt to damage or hijack override any security measures in place on the operation Service. Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct. You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of any hardware Content. However, in order for us to provide the Website, App and Services, we need your permission to process, display, reproduce and otherwise use content you make available to us. Therefore, if you choose to submit any Content to the Website, App or softwareServices, or otherwise make available any Content through the Website, App or Service, you hereby grant to us a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, transmit, distribute, translate and create derivative works from any such Content, including without limitation distributing part or all of the Content in any media format through any media channels. Notwithstanding the foregoing grant, as further identified and described in the Privacy Policy, content that you upload or make available to the Website, App or Services for the purpose of non-public processing through or with the Services (such as information about job applications or non-public communications on the Services) will be used by us for the purpose of providing the Website, App and Services to you and those with whom you designate to receive such Content. By submitting any Content or Submissions to us you hereby agree, warrant and represent that: (a) except as provided in the Privacy Policy, the Content and Submissions do not contain proprietary or confidential information, and the provision of the Content and Submissions is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true, (c) except as provided in the Privacy Policy, we are not under any confidentiality obligation relating to the Content or ● Use Submissions; (d) except as provided in the Privacy Policy, we shall be entitled to use or disclose the Content or Submissions in any robotway; and (e) you are not entitled to compensation or attribution from us in exchange for the Submissions or Content. You acknowledge that we are under no obligation to maintain the Website, spiderApp or Services, site search/retrieval application or any information, causes, materials, Submissions, Content or other manual matter you submit, post or automatic device make available to retrieveor on the Website, indexApp or Services. We reserve the right to withhold, remove and or discard any such material at any time. You understand that by sharing information on the Actor Trade Website, App or Services, and requesting information to be sent through the Website, App or Services, you may be revealing information about yourself that you may include. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct. We own our graphics, logos, names, designs, page headers, button icons, scripts, and service names, which are our trademarks, trade names and/or trade dress. The “scrape,look and feel” of the Website, App and Services (including color combinations, button shapes, layout, design and all other graphical elements) is protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“data mineMarks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement. You acknowledge that the software used to provide the Website, App and Services, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain the sole and exclusive property of us and/or our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein. You are responsible for controlling the access to and use of your account. Always make sure that your password is kept as confidential and private from others. You understand and agree that we may assume that instructions from an individual associated with your account are authoritative and should be acted upon by us. We are not responsible for any unauthorized access to your account or profile, and any ramifications of such access, and is not required to take action to disable any account. You agree that you will not bring an action against us arising out of or related to any claimed unauthorized access using your account credentials. Under confirmed unauthorized use circumstances, we may take action to address your situation. In the event that you would like to report a breach, please contact Hello@Actor Xxxxx.xxx with the term “Account Breach Notice” in the subject line. As more fully described on the Website, App and Services, certain elements of the Website, App and Services may require fees for access (the “Paid Services”). We may use a third-party payment processor (the “Payment Processor”) to charge you through an online account for use of the Paid Service. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. You agree to pay us, through the Payment Processor or in any way copyanother format accepted by us, reproduceall charges for the Paid Services that you access, and you authorize us, where applicable, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). For Paid Services involving one-time fees, as identified on the Services, your Payment Method will be charged at the time of purchase, or circumvent you will be billed by us, as determined by us. Actor Trade reserves the right to send instructions to the financial institution that issued your card to take payments from your card account in accordance with the terms of Actor Trade’s agreement with you. For recurring subscriptions, we will automatically charge your Payment Method or invoice you (as determined by us) for the next period at the end of each subscription period, as further identified on the Services and at purchase. If you purchase a subscription, it may result in recurring charges, to your Payment Method or otherwise, and you agree that we may charge such amounts until such a time as your subscription expires or you cancel the subscription, depending on the subscription type. WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. For any contentsubscriptions, navigational structure you agree that your license to the Services is not a service, repair or presentation maintenance to real or personal property. If you wish to cancel, upgrade or downgrade your subscription, you may do so at any time through your account. Any charges incurred prior to cancellation or downgrade are non-refundable. If you upgrade your subscription, you will be charged the difference in your current subscription and the upgraded subscription at that time, and you will be charged the price for the upgraded subscription on an ongoing basis until cancellation. If you downgrade your subscription, you will be charged the reduced price at the beginning of the next term. Your account will be considered delinquent if payment in full is not successful when a charge is initiated. Unless specified in an invoice, amounts due are exclusive of all applicable taxes, levies, or duties, and you will be responsible for payment of all such amounts. In addition to other applicable remedies, we reserve the right to suspend and/or terminate your access to the Services and/or terminate this Agreement if your Payment Method is declined or fails and your account therefore is delinquent. Charges to delinquent accounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable attorneys’ fees and court costs. We reserve the right to deny all or some portion of the Website, App and/or Services to any user, in our sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to us related to the ServicesContent, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.
Appears in 1 contract
Samples: Terms of Service
Rules of Conduct. While When using any features of the Websites, it is a condition of your use of the Websites and any of their features that you will not:
(a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation, including without limitation those relating to competition or antitrust;
(b) interfere with or disrupt the computer networks of InterPrice or attempt to do so;
(c) forge headers or in any manner manipulate identifiers in order to disguise the origin of any information;
(d) download, upload, post, transmit, publish, or distribute any material that infringes, violates, breaches or otherwise contravenes the rights of InterPrice or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
(e) interfere with or disrupt the use of this website by any other customer or user or reverse look-up, trace or seek to trace any information on any other user of or visitor to this website, or any other customer of InterPrice, including any InterPrice account not owned by you;
(f) probe, scan or test the vulnerability of this website or any network connected to this website or attempt to gain unauthorized entry or access to the computer systems of any other person or entity;
(g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this website or InterPrice's systems or networks, or any systems or networks connected to this website or to InterPrice; or
(h) download, upload, post, transmit, publish or distribute any material or information that constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law. You are solely responsible for your conduct and any User Content, materials or information that you submit, provide, transmit, post, or display on the Websites, or that you allow others to submit, provide, transmit, post, or display on the Websites under your Username. You may not use any “linking”, “deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm, page-scraping technology, or methodology, or any similar or equivalent manual process, programs, algorithms or methodologies, or any similar or equivalent manual processes, to access, acquire, copy, distribute, display or monitor any portion of this Website or any content, or in any way reproduce or circumvent the navigational structure, reverse-engineer, or presentation of this website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Website. Unless provided otherwise in an Agreement, you hereby agree and acknowledge that you are expressly prohibited from: (i) making available all or any portion of the content to any other person or entity, except as expressly permitted in this Agreement; (ii) creating derivative works from the content; and (iii) using the Services you will comply with all privacy, data protection, intellectual property, and other applicable lawscontent in the provision of any services to third parties. In addition, you must respect the rights and dignity of others. Your use of the Services is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Services. You understandshall not distribute, acknowledgetransfer, agree and warrant that you will not: ● Postsub- license, rent, lend, transmit, or otherwise make available through or in connection with the Services anything that is or may be: (a) threateningsell, harassingre-circulate, degrading or hateful;
(b) defamatory; (c) fraudulent or tortious; (d) obscenerepackage, indecentassign, lease, resell, publish, copy, translate, convert, decompile, reverse engineer, alter, enhance, disassemble, modify, or otherwise objectionable to the person with whom you share; change all or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right; ● Post, transmit, or otherwise make available through or in connection with the Services any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense; ● Use the Services to post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; ● Use the Services to advertise or offer to sell or buy any goods or services except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● Use the Services for any fraudulent or unlawful purpose; ● Harvest or collect Personal Information about other users of the Services without such other users’ consent; ● Impersonate any person or entity, including any representative of XEAL or its affiliates or business partners, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that XEAL endorses any statement you make; ● Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, or violate any requirements, procedures, policies or regulations of such networks; ● Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services); ● ReproduceInterPrice Content. You shall not use the content to develop, duplicatesupport, copy, sell, resell create or otherwise exploit provide pricing for: (i) any database or product that competes directly with the content or any other InterPrice product or service offered in the marketplace or would create a functional substitute for any commercial purposes, any portion of, use of, such InterPrice products or access to the Services (including any content, product, service and other materials available through the Services), except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services (including any content and other materials available through the Services to which you do not have ownership or rights), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions; ● Remove any copyright, trademark or other proprietary rights notice from the Services or content and other materials originating from the Services; ● Frame or mirror any part of the XEAL Services without XEAL’s express prior written consent; ● Create a database by downloading and storing all or any content available through the Services; ● Upload, post, or transmit to the Services any virus, worm, Trojan horse or other malware or computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software; or ● Use (ii) any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index (e.g. any composite financial index, “scrape,” “data mine” or in any way copy, reproduce, or circumvent any content, navigational structure or presentation related to the Services).
Appears in 1 contract
Samples: Terms of Use Agreement
Rules of Conduct. While a. Please act responsibly when using this Service. You may only use this Service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Service. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Services Service is unlawful, you will comply with bear the burden of establishing that it is lawful. You understand and agree that all privacymaterials publicly posted (other than by Registrar) or privately transmitted on or through this Service are the sole responsibility of the sender, data protection, intellectual propertynot Registrar, and other applicable laws. In addition, you must respect the rights and dignity of others. Your use of the Services is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Services. You understand, acknowledge, agree and warrant that you will not: ● Postare responsible for all material you upload, transmit, post or otherwise transmit to or through this Service.
b. Registrar requires that you do not submit any Invited Submissions or Submission and Postings or otherwise make available through on this Service any content, or act in connection with the Services anything that a way, which in our opinion: • libels, defames, invades privacy, stalks, is or may be: (a) threateningobscene, pornographic, racist, abusive, harassing, degrading threatening or hateful;
(b) defamatoryoffensive; (c) fraudulent • seeks to exploit or tortiousharm children; (d) obscene, indecent, or otherwise objectionable to the person with whom you share; or (e) protected by copyright, trademark • infringes any intellectual property or other proprietary right without the express prior consent of the owner of such right; ● Post, transmit, any entity or otherwise make available through or in connection with the Services any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense; ● Use the Services to post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; ● Use the Services to advertise or offer to sell or buy any goods or services except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● Use the Services for any fraudulent or unlawful purpose; ● Harvest or collect Personal Information about other users of the Services without such other users’ consent; ● Impersonate any person or entityperson, including violating anyone's copyrights or trademarks or their rights of publicity; • violates any representative of XEAL law or its affiliates or business partners, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that XEAL endorses any statement you make; ● Interfere with or disrupt the operation of the Services or the servers or networks used may be considered to make the Services available, or violate any requirements, procedures, policies or regulations of such networkslaw; ● Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services); ● Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services (including any content, product, service and other materials available through the Services), except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services (including any content and other materials available through the Services to which • you do not have ownership the right to transmit under any contractual or rightsother relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement); • advocates or promotes illegal activity; • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as and solely to the extent expressly specifically authorized under applicable law overriding any of these restrictionson this Service; ● Remove any copyright• solicits funds, trademark advertisers or other proprietary rights notice from the Services or content and other materials originating from the Servicessponsors; ● Frame or mirror any part of the XEAL Services without XEAL’s express prior written consent; ● Create a database by downloading and storing all • includes programs which contain viruses, worms and/or "Trojan horses" or any content available through the Services; ● Upload, post, or transmit to the Services any virus, worm, Trojan horse or other malware or computer code, filefiles or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or program otherwise act in a way which affects the ability of other people to engage in real time activities via the Service; • copies any other pages or images on this Service except with appropriate authority; • includes MP3 format files; • amounts to a "pyramid" or similar scheme; • amounts to "data warehousing" (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that is harmful at least some of the traffic to your site comes directly via us; • disobeys any policy or invasive regulations established from time to time regarding use of this Service or may or is intended any networks connected to damage or hijack the operation of any hardware or softwarethis Service; or ● Use contains links to other sites that contain the kind of content, which falls within the descriptions set out at to above; • in addition, unless otherwise permitted by Registrar, you are prohibited from removing any robotsponsorship banners, spider, site search/retrieval application similar promotional displays and inserts or other manual or automatic device to retrievematerial inserted by Registrar anywhere on this Service (e.g., index, “scrape,” “data mine” or in on any way copy, reproduce, or circumvent any content, navigational structure or presentation related to the Servicesweb space made available for your use).
Appears in 1 contract
Samples: Terms of Use
Rules of Conduct. While using the Services you will comply with all privacy, data protection, intellectual property, and other applicable laws. In addition, you must respect the rights and dignity of others. Your use of the Services is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Services. You understand, acknowledge, agree and warrant that you will not: ● Post, transmit, or otherwise make available through or in connection with the Services anything that is or may be: (a) threatening, harassing, degrading or hateful;
(b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, or otherwise objectionable to the person with whom you share; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right; ● Post, transmit, or otherwise make available through or in connection with the Services any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense; ● Use the Services to post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; ● Use the Services to advertise or offer to sell or buy any goods or services except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● Use the Services for any fraudulent or unlawful purpose; ● Harvest or collect Personal Information about other users of the Services without such other users’ consent; ● Impersonate any person or entity, including any representative of XEAL or its affiliates or business partners, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that XEAL endorses any statement you make; ● Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, or violate any requirements, procedures, policies or regulations of such networks; ● Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services); ● Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services (including any content, product, service and other materials available through the Services), except as permitted by these Terms or contemplated by the Services or with XEALXXXX’s express prior written consent; ● Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services (including any content and other materials available through the Services to which you do not have ownership or rights), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions; ● Remove any copyright, trademark or other proprietary rights notice from the Services or content and other materials originating from the Services; ● Frame or mirror any part of the XEAL Services without XEAL’s express prior written consent; ● Create a database by downloading and storing all or any content available through the Services; ● Upload, post, or transmit to the Services any virus, worm, Trojan horse or other malware or computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software; or ● Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way copy, reproduce, or circumvent any content, navigational structure or presentation related to the Services.
Appears in 1 contract
Samples: Terms of Service
Rules of Conduct. While The Websites provide or may provide features that allow you to post, submit, transmit, provide or upload User Content, or to interact with other users through forums, board services, blogs, or chat areas. When using any features of the Services you will comply with all privacyWebsites, data protection, intellectual property, and other applicable laws. In addition, you must respect the rights and dignity it is a condition of others. Your your use of the Services is conditioned on your compliance with Websites and any of their features that you agree to the rules following: • You are required to select a user identification ("UserName") and password to access and use certain features of conduct set forth in this section; any failure to comply may result in termination the Websites. You are responsible for maintaining the confidentiality of your access to the ServicesUserName and password. • You understandare responsible for all activity that occurs under your UserName. • You are solely responsible for your conduct and any User Content, acknowledge, agree and warrant materials or information that you will not: ● Postsubmit, provide, transmit, post, or display on the Websites, or that you allow others to submit, provide, transmit, post, or display on the Websites under your UserName. • You will not upload, post, email, submit, provide, transmit or otherwise make available any User Content, materials or information to, on or through or in connection with the Services anything Websites that is or may be: (a) are fraudulent, unlawful, harmful, offensive, illegal, threatening, abusive, harassing, degrading tortious, defamatory, obscene, libelous, pornographic, invasive of another's privacy, or hateful;
(b) defamatory; (c) fraudulent or tortious; (d) obscene. • You will not post, indecentprovide, or otherwise objectionable to the person with whom you share; or (e) protected by copyrightsubmit, trademark or other proprietary right without the express prior consent of the owner of such right; ● Post, transmit, transmit or otherwise make available through User Content, materials or in connection with the Services any material information that would give rise to criminal infringe a patent, trademark, trade secret, copyright or civil liability other proprietary rights of another person or entity or that encourages conduct violate any right of privacy, or that constitutes defame or libel any person or entity, or offer content that you do not have a criminal offense; ● Use right to make available under any law or under contractual or fiduciary relationships. • You will not transmit any worms or viruses, spyware, malware or any other harmful or destructive code to or through the Services to Websites. • You will not upload, post, email, transmit, provide, submit or otherwise make available to users of the Websites any unsolicited or unauthorized advertising, promotional materials, “"junk mail,” “" "spam,” “" "chain letterletters,” “" "pyramid scheme” or investment opportunity, schemes," "affiliate links," or any other form of solicitation; ● Use . • You will not use the Services to advertise or offer to sell or buy any goods or services except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● Use the Services Websites for any fraudulent illegal or unlawful purpose; ● Harvest unauthorized purpose or collect Personal Information about violate any applicable provincial, state, federal or local laws in your jurisdiction. • You will not "stalk" or otherwise harass anyone on or through the Websites. • You will not pretend that you are, or that you represent, someone else, or impersonate any other users of the Services without such other users’ consent; ● Impersonate any person individual or entity, including any representative of XEAL or its affiliates or business partners, falsely state or otherwise misrepresent your affiliation with any person an individual or entity. • You will not access or use another user’s account without that user’s permission, nor will you compromise another user’s account. You agree that if such acts are brought to the attention of The Foundation, The Foundation may (1) immediately terminate your Foundation account, if any, and (2) provide all relevant information to law enforcement officials in order to assist in an investigation of your actions. • You will not transmit User Content that includes personal or identifying information about another person without that person's explicit consent. • You will not violate nor attempt to violate the security of the Websites, including, without limitation: o accessing or using data not intended for you, including logging into a server or account which you not authorized to access or use; o attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization; o using any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or express any similar or imply that XEAL endorses any statement you make; ● Interfere with equivalent manual process, to access, acquire, copy or disrupt the operation of the Services or the servers or networks used to make the Services available, or violate any requirements, procedures, policies or regulations of such networks; ● Restrict or inhibit any other person from using the Services (including by hacking or defacing monitor any portion of the Services); ● Reproduce, duplicate, copy, sell, resell Websites or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services (including any content, product, service and other materials available through the Services), except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services (including any content and other materials available through the Services to which you do not have ownership or rights), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions; ● Remove any copyright, trademark or other proprietary rights notice from the Services or content and other materials originating from the Services; ● Frame or mirror any part of the XEAL Services without XEAL’s express prior written consent; ● Create a database by downloading and storing all or any content available through the Services; ● Upload, post, or transmit to the Services any virus, worm, Trojan horse or other malware or computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software; or ● Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way copy, reproduce, reproduce or circumvent any content, the navigational structure or presentation related of the Websites or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Websites; o taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Websites or The Foundation’s systems or networks, or any systems or networks connected to the ServicesWebsites or to The Foundation’s systems; o conducting a reverse look-up, tracing or seeking to trace any information on any other user to its source, or exploit the Websites or any information made available or offered by or through the Websites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Websites; o attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mailbombing" or "crashing"; o disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding The Foundation’s ability to monitor or make available the Websites; or o taking any action in order to obtain services to which you are not entitled. The Foundation may review User Content before it is posted, displayed or transmitted and may refuse to post, display or transmit any User Content to the Websites. The Foundation reserves the right, in its sole discretion, to edit or remove, refuse to accept, post, display or transmit any User Content. You acknowledge and agree that The Foundation may, in its sole discretion, monitor or have monitored its Websites, including any User Content, periodically, and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Websites properly or to protect itself or other users of the Websites. Although The Foundation may from time to time monitor or review User Content as stated above, The Foundation does not have any obligation to do so, and disclaims any responsibility or liability for any User Content posted, transmitted, displayed or submitted. User Content represents the views and opinions of the user(s) posting, submitting, transmitting, displaying the User Content and does not represent the views or opinions of The Foundation. The Foundation does not assume any liability, and specifically disclaims any liability, to you or any other person arising from The Foundation’s decision to monitor or not to monitor the User Content consistently or at all. You remain solely responsible for the User Content and use of your User Content.
Appears in 1 contract
Samples: Website Terms of Use Agreement
Rules of Conduct. While using the Services you will comply with all privacy, data protection, intellectual property, and other applicable laws. In addition, you must respect the rights and dignity a. As a condition of others. Your use of the Services is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Services. You understandSites, acknowledge, you agree and warrant that you will not: ● Post, transmit, or otherwise make available through or not use the Sites for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Services anything that Sites.
b. You shall not (and shall not permit any third party to) either (I) take any action or (II) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Sites, including without limitation any User Content, that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or any other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy);
ii. you know or should know or reasonably believe is false, misleading, untruthful or may be: (a) inaccurate;
iii. is unlawful, threatening, abusive, harassing, degrading defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or hatefulis otherwise inappropriate as determined by us in our sole discretion;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (b) defamatory; “spamming”);
v. contains (c) fraudulent or tortious; (d) obscenetransmits, indecent, facilitates or otherwise objectionable to the person with whom you share; or (eenables) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right; ● Post, transmit, or otherwise make available through or in connection with the Services any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense; ● Use the Services to post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, software viruses or any other form computer codes, files, or programs that disrupt, damage, limit or interfere with the intended function of solicitation; ● Use the Services any software, hardware, or telecommunications equipment or which provide, enable, facilitate or obtain unauthorized access (whether on behalf of other software processes or natural persons) to advertise (or offer control of, or ability to sell modify or buy interfere with) any goods system, data, password or services except as permitted by these Terms other information of ours or contemplated by the Services or with XEAL’s express prior written consent; ● Use the Services for of any fraudulent or unlawful purpose; ● Harvest or collect Personal Information about other users of the Services without such other users’ consent; ● Impersonate third party;
vi. impersonates any person or entity, including any representative of XEAL our employees or its affiliates representatives; or
vii. includes any third party’s identification documents or business partners, falsely state or otherwise misrepresent your affiliation with sensitive financial information; or
viii. in any person or entity, or express or imply way that XEAL endorses violates any statement you make; ● Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, or violate any requirements, procedures, policies or regulations of such networks; ● Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services); ● Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services (including any content, product, service and other materials available through the Services), except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services (including any content and other materials available through the Services agreement to which you do not have ownership or rights), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions; ● Remove any copyright, trademark or other proprietary rights notice from the Services or content and other materials originating from the Services; ● Frame or mirror any part of the XEAL Services without XEAL’s express prior written consent; ● Create a database by downloading and storing all or any content available through the Services; ● Upload, post, or transmit to the Services any virus, worm, Trojan horse or other malware or computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software; or ● Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” are subject or in any way copyviolates any applicable law, reproduceregulation, order or agreement to which you are subject, including, without limitation, any applicable federal, state, local, foreign or international laws, rules and regulations governing securities, consumer protection, privacy and trade laws and regulations.
c. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; (iii) bypass, circumvent or attempt to bypass or circumvent any content, navigational structure measures we may use to prevent or presentation related restrict access to the Services.Sites (or other accounts, computer systems or networks connected to the Sites); (iv) run any form of auto-responder or “spam” on the Sites;
Appears in 1 contract
Samples: Terms of Use
Rules of Conduct. While using the Services you will You must comply with all privacy, data protection, intellectual property, and other applicable laws. In addition, you must respect rules and regulations while accessing or using the rights and dignity of othersServices. Your use of the Services is conditioned on your upon Your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Services. You understand, acknowledge, agree and warrant that you will must not: ● :
a) Post, transmit, or otherwise make available available, through or in connection with the Services anything Services, any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may be: or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
b) Use the Services (a) threateningto defame, harassingabuse, degrading harass, stalk, threaten, or hateful;
otherwise violate the legal rights of others, including rights of privacy or publicity; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, or otherwise objectionable to the person with whom you share; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right; ● Post, transmit, or otherwise make available through or in connection with the Services any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense; ● Use the Services to post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; ● Use the Services to advertise or offer to sell or buy any goods or services except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● Use the Services for any fraudulent or unlawful purpose; ● Harvest or collect Personal Information about other users of the Services without such other users’ consent; ● Impersonate impersonate any person or entity, including any representative of XEAL or its affiliates or business partners, falsely state or otherwise misrepresent your Your affiliation with any person or entity, or express state or imply that XEAL endorses We endorse any statement you makeof Your statements or Submissions (as defined below); ● or (c) for any other fraudulent or unlawful purpose;
c) Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, available (including by taking any action that imposes an unreasonable or disproportionately large load upon the website or Services or in connection with the Services or upon such servers or networks) or violate any requirements, procedures, policies or regulations of such servers or networks; ● ;
d) Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the website or the Services); ● Reproduce;
e) Use the website or Services to advertise or offer to sell or buy any goods or services;
f) License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell resell, distribute, or otherwise exploit for any commercial purposes, any portion of, use ofpurposes the Services, or any access to the Services (including any content, product, service and other materials available through or use of the Services), except as permitted by these Terms or contemplated by the Services or with XEAL’s express prior written consent; ● ;
g) Modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble any portion of the Services (including any content and other materials available through website or the Services to which you do not have ownership or rights), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions; ● Services;
h) Remove any copyright, trademark or other proprietary rights notice from the Services or content and other any materials originating from available through the Services; ● ;
i) Frame or mirror any part of the XEAL Services without XEALAMTS’s express prior written consent; ● Create a database by downloading and storing all ;
j) Systematically download or any store content available through from the Services; ● Upload, post, or transmit to the Services any virus, worm, Trojan horse or other malware or computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software; or ● ;
k) Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way copy, reproduce, gather content of the Services or in connection with the Services or reproduce or circumvent any content, the navigational structure or presentation related of the Site or the Platform without AMTS’s express prior written consent. Notwithstanding the foregoing, AMTS grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. AMTS reserves the right to revoke these exceptions either generally or in specific cases;
l) Use any false or misleading information while setting up Your account;
m) Invite or allow any unauthorized user to use the Services;
n) Use the AI-enabled tools for any purpose other than its intended purpose; and
o) Assist any other person or entity in engaging in any of the foregoing conduct. You acknowledge that You are not a legal minor and have reached the age of "majority" where You live. Additionally, You acknowledge and agree that You (and not AMTS) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Services, and paying all charges related thereto. We may terminate Your access to the Services for any conduct that We consider to be inappropriate, or for Your breach of this Agreement, including the Rules of Conduct set forth above. AMTS reserves the right to review, reproduce, transmit, copy, and delete any information submitted to the Services by You in order to address any alleged or actual violation of the above code of conduct.
Appears in 1 contract
Samples: End User License Agreement
