Use of the Platform. 5.1. The Client agrees that he:
(a) may only use the Platform for so long as he is authorised to do so under the terms of the license granted hereunder;
(b) will use the Platform only for lawful purposes;
(c) may not use the Platform for any purpose other than for the purpose for which it has been provided under this Client Agreement;
(d) is responsible for all transactions effected on his Client Account via the Platform and the use of the Platform (including the Access Data);
(e) will logout from the Platform should his access terminal be left unattended, to prevent unauthorised access to his Client Account.
5.2. It is absolutely prohibited for the Client to take any of the following actions in relation to the Platform(s):
(a) Use any software, which applies artificial intelligence analysis to the Company’s systems and/or Platform(s).
(b) Intercept, monitor, damage or modify any communication which is not intended for him.
(c) Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Platform(s) or the communication system or any system of the Company.
(d) Send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations.
(e) Do anything that will or may violate the integrity of the Company computer system or Platform(s) or cause such system(s) to malfunction or stop their operation.
(f) Unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that the Company has applied to the Platform(s).
(g) Perform any action that could potentially allow the irregular or unauthorised access or use of the Platform(s).
(h) Xxxxx out any commercial business on the Platform, unless specifically allowed by us in writing.
5.3. Should the Company reasonably suspect that the Client has violated the terms of paragraph 5.2., it is entitled to take one or more of the counter measures of paragraph 14.2. of this Client Agreement.
5.4. The Client is solely responsible for providing and maintaining the compatible equipment necessary to access and use the Platform(s), which includes at least a personal computer or mobile phone or tablet (depending on the Platform used), internet access by any means and telephone or other access line. Access to the internet is an essential feature and the Client shall be solely responsible for any fees necessary in order to connect to the internet.
5.5. The Cl...
Use of the Platform a) The Charity agrees that the Platform may only be used by its Authorised Users. The Charity shall ensure that each Authorised User keeps their password secure and shall use reasonable endeavours to prevent any unauthorised access to, or use of, the Platform and notify Good2Give promptly of any such unauthorised access or use.
b) The Charity agrees that Authorised Users are not permitted to share access to, or passwords for, the Platform. Should the Charity require additional Authorised Users or to amend or remove access to the Platform for existing Authorised Users, then it must provide Good2Give with a completed Authorised Users request form. Only after receiving a fully completed Authorised Users request form will Good2Give provide the additional access or amend or remove existing access for Authorised Users.
c) The Charity shall not store, distribute or transmit any material on or via the Platform that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities.
d) Subject to any non-excludable rights the Charity may have to do so under any applicable law, the Charity shall not:
i) use the Platform for any other purpose than the Purpose; and
ii) upload to, or send via, the Platform, or do anything in relation to the Platform, which is false, misleading, deceptive, or inaccurate.
Use of the Platform. When using our Platform, User is responsible for its use of the Platform. You agree to the following: ● You way not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”; ● You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform; ● You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data; ● You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake; ● You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it; ● You may not access our Platform in an attempt to build a similar or other competitive product; ● You may not use the Platform in an unlawful manner; ● You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; ● You may not collect or harvest any personally identifiable information, including account names, except where permitted, from the Platform; ● You may not impersonate any person or entity or misrepresent your affiliation with a person or entity; ● You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform; ● You may not violate any requirements, procedures, policies or regulations of networks connected to Trifecta; ● You may not sell, lease, loan, distribute, transfer, or sublicense the Trifecta Services; ● You may not interfere with or disrupt the Platform; ● You may not violate any US state or federal laws or regulations and you solely are responsible for such violations; ● You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing. ● You agree that you will not hold Trifecta responsible for your use of our Platform; and ● You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its...
Use of the Platform. During the Term, Customer may access and use the Platform and/or Software and/or Dashboard(s) for its internal business purposes pursuant to the terms of this Agreement and any outstanding Order, including such features and functions as the Order requires.
Use of the Platform. 5.1. In using the Platform, the Supplier shall:
5.1.1. At all times comply with the provisions of this Agreement;
5.1.2. Ensure any Users at all times comply with the provisions of this Agreement; and
5.1.3. Be solely responsible for and indemnify Bulugo in relation to any damages, claims, fees, fines, penalties or other losses occasioned by any content or information uploaded, posted, transmitted, shared or otherwise made available on the Platform;
5.2. In using the Platform, the Supplier shall not:
5.2.1. Engage in unlawful conduct;
5.2.2. Engage in any activity which might compromise the security or functionality of the Platform;
5.2.3. Discuss or agree with other Parties using the Platform, either directly or indirectly, anything which amounts to anti-competitive behaviour;
5.2.4. Upload, post, transmit, share or otherwise make available any content or information which:
5.2.4.1. Is inflammatory, defamatory, offensive, threatening, abusive, racist, vulgar, pornographic, obscene, profane, indecent, hateful or otherwise objectionable;
5.2.4.2. Is intended to annoy, harass or intimidate another person or which will constitute a criminal offence or give rise to any civil liability;
5.2.4.3. Infringes any duty of confidentiality, copyright, trademark or other proprietary right without the express permission of the owner of the confidential information, copyright, trademark or proprietary right;
5.2.4.4. Contains a virus or malware, corrupts files or other similar software or programs that may damage the operation of the Platform or another person's computer(s), software or network;
5.2.4.5. Breaches the personal privacy of another person or is in breach of Data Protection Legislation or the data protection provisions set out in this Agreement.
5.2.4.6. Contains or provides a link to a third party website unless that third party website is directly relevant to the transaction or potential transaction between the Buyer and the Supplier; and/or
5.2.4.7. Engage in any other conduct that restricts or inhibits any other person's use of the Platform.
5.3. The Supplier acknowledges that Bulugo has the right, but not the obligation, to monitor the Platform and Buyers' and Suppliers' use of the Platform.
5.4. The Supplier shall promptly inform Bulugo if it discovers any content or information on the Platform which may breach any of the provisions set out in this Agreement.
5.5. Bulugo reserves the right to remove any content or information on the Platform, or disable...
Use of the Platform. When using our Platform, you are responsible for your use of the Platform. You agree to the following: • You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform; • You may not use automated bots or other software to send more messages through our Platform than humanly possible; • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it; • You may not access our Platform in an attempt to build a similar or other competitive product; • You may not use the Platform in an unlawful manner; • You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; • You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform; • You may not interfere with or disrupt the Platform; • You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing; and • You agree that you will not hold BLUETOOTHKEY responsible for your use of our Platform If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform and we may pursue any legal remedy available to us under applicable law. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but BLUETOOTHKEY reserves the right to suspend or terminate any account at any time
Use of the Platform. Solutions; Plattform
Use of the Platform. 1.1. The Platform (including the software, if any, and Documentation, as defined below), is provided against payment in accordance with section 2. below and “as is”. Except as set out below, Iconik makes no (and you receive no) warranties in connection with the Platform or modifications or improvements thereto delivered hereunder; express, implied, statutory or in any other provision of the Agreement or communication between Iconik and Customer.
1.2. Iconik aims to provide the Platform fully available, bug-free, and safe, but all use of the Platform is at Customer´s and its authorized users own risk. Iconik does not warrant that the Platform will always be available, secure and without errors or interruptions, delays or imperfections. Iconik cannot guarantee that content uploaded to the Platform is available all the time, or that no harm comes to said content. Customer and any user will be solely responsible to keep backup of any content uploaded to the Platform and Iconik cannot be held liable for any damage or disappearance of content uploaded to the Platform.
1.3. The use of the Platform requires registration of a user account. Such a registration will encompass Iconik’s processing of personal data (as defined under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data; General Data Protection Regulation, “GDPR”). All use and processing of personal data will be made in accordance with Iconik´s Privacy Policy and the Data Processor Agreement.
1.4. Iconik warrants to the best of its knowledge that the Platform does not infringe upon any Intellectual Property Right of any third party. Iconik furthermore warrants that it has implemented systems and procedures aimed to protect the Platform from spyware, malware or viruses. For the purposes of the Agreement, “Intellectual Property Rights” means (i) patents, rights to inventions, designs, copyright and related rights, database rights, trade marks, related goodwill and trade names, in each case whether registered or unregistered; (ii) proprietary rights in domain names; (iii) applications, extensions and renewals in relation to any of the foregoing rights; (iv) Confidential Information (as defined below); and (v) all other rights of a similar nature or having an equivalent effect anywhere in the world.
Use of the Platform. 16.1. The Platform may be subject to delays, interruptions, errors or other problems resulting from use of the Public Networks used by the parties or third parties. The Customer acknowledges that such risks are inherent in cloud services and that the Supplier shall have no liability for any such delays,interruptions, errors or other problems.
16.2. Save for the express warranties set out in Clause 15.1 all other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded. Without limitation, the Supplier specifically denies any implied or express representation that the Services may be used or provided:
16.2.1. in conjunction with any hardware items, software (including operating systems), any third party services; or
16.2.2. uninterrupted or error-free.
Use of the Platform. 2.1. To use the Platform, the CONTRACTING PARTY must have hardware and software in compatible conditions, according to the configurations and requirements indicated by the CONTRACTOR's technical area.
2.1.1. It will be the exclusive responsibility of the CONTRACTING PARTY to obtain, maintain and pay for the necessary hardware and software, as well as the contracting of internet access (including taxes, fees or charges levied by service providers).
2.1.2. The CONTRACTOR will not be responsible for any problem arising from the impossibility of using the Platform due to the incompatibility of hardware and software, or the intermittence or unavailability of internet connection used by the CONTRACTING PARTY.
2.2. The licensed Platform will be for the exclusive use of the CONTRACTING PARTY, not being allowed, unless expressly authorized by the CONTRACTOR, the use by other companies, even if from the same economic group or located at the same address.
2.3. Whenever necessary, the CONTRACTOR, upon prior notice and whenever possible during business hours, may enter the CONTRACTING PARTY's premises to: (i) verify that the Platform is being used as provided for in this Agreement; and (ii) perform an update or maintenance (preventive or corrective) of the Platform.
2.3.1. The misuse of the Platform by the CONTRACTING PARTY may lead to the immediate termination of this Agreement, without prejudice to the collection of the Remuneration due to the CONTRACTOR until the end of the term, as a cumulative and non-compensatory penalty clause.
2.4. The Platform will allow the use of the Features. The CONTRACTOR may, at any time and at its sole discretion, include new functions or change their characteristics, upon prior notice to the CONTRACTING PARTY.
2.5. The CONTRACTING PARTY undertakes to provide and keep updated all the information necessary for the correct use of the Features by the Users, mainly in relation to: (i) the Content to be published; and (ii) to products and/or services marketed.
2.5.1. The CONTRACTING PARTY will be exclusively responsible, before the CONTRACTOR, Users and third parties, for all the Content made available on the Application, including the consumption list and respective prices.
2.6. The CONTRACTOR does not guarantee the interruption and speed of the Platform, which may present unavailability, slowness and processing error, including indefinitely, in cases of preventive or corrective maintenance, system error, failures of other service providers...
