Use of the Site. (a) By using the Site and/or the Company Services, You represent and warrant that-(i) all registration information submitted is truthful and accurate; (ii) You will maintain the accuracy of all such information; (iii) You are 18 years of age or older; (iv) You are not in violation of any applicable law or regulation in Your use of the Site. (b) You understand that the Company does not own any third-party content nor have any of the Company’s associates/affiliates, directors, officers or employees entered into any sales agency relationship with such third party by virtue of the display of the third-party content on the Site. Such Content is the sole responsibility of the party who provided the content. The Company is not responsible for the accuracy, authenticity, lawfulness, propriety or truthfulness of any third-party content, and shall not be liable to You in connection with Your reliance of such third-party content. (c) You agree to use this Site only for lawful purposes, and in a lawful manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this Site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may be defamatory, obscene, pornographic, pedophilic, invasive of privacy of any person, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to applicable laws. (d) You are aware that in no event the Site or the Company will be liable for any damages whatsoever, including, without limitation, indirect or consequential damages whether in action of contract, negligence, or other tortuous action, arising out of or in connection with the use of the Site. (e) You agree that You shall not copy, reproduce or download any information including text, images or video clips available on or through the Site, for the purpose of re-selling or re- distributing content available on the Site or performing any act that could otherwise commercially exploit the contents of the Site or the infringe the rights of the Company. (f) You agree to not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law for the time being in force. (g) You agree to not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in or (i) buy the same goods which You are selling on the Site; (ii) sale the same goods which You propose to buy on the Site; and (iii) resale goods purchased on the Site, in any manner. (h) You shall not deceive or mislead any User or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact. (i) You are aware that the Company reserves the right to limit, deny or modify access to the Site and its features, to change any features or introduce new features without prior notice. In no event shall the Company be liable to You or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any features of the Site. (j) You shall not perform any act or undertake any scheme which could compromise the integrity of the computer systems or networks or attempt to gain unauthorized access to such computer systems or networks used by the Company and/or any other User. You shall not add any material into the Site systems which contains any viruses, Trojan horses, worms, time bombs or other computer programming or similar routines that may damage, interfere with, or intercept any network system, data or personal information of the Company or any other User. (k) You agree that you will not use the Site or the Company Services to infringe any intellectual property rights, whether belonging to the Company, its Users or a third party. (l) The Company reserves the right to terminate the access to the Site for a User upon any infringement of its obligations mentioned herein, or if the Company believes that the conduct of any User is harmful to the interests of the Company, its affiliates, or other users, or for any other reason in the Company’s sole discretion. (m) By acceptance of this Agreement and these Terms, You hereby agree that You have obtained all requisite consents, licenses, approvals and permissions from all requisite governmental and statutory authorities for the goods and services You will provide on the Site. (n) Links to third party sites are provided on the Site as a convenience to Users. You acknowledge and agree that the Company does not have any control over the content of such websites and/ or any information, resources or materials provided therein, does not monitor such websites of third parties and shall in no manner be deemed to be liable or responsible to any person for such use of the third-party websites.
Appears in 1 contract
Samples: Terms of Use
Use of the Site. You are granted a personal, limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, noncommercial and personal use only. Such license is subject to these T&C and does not include: (a) By using any resale or commercial use of our Site or the Site and/or the Company Services, You represent and warrant that-(i) all registration information submitted is truthful and accurateMaterials therein; (ii) You will maintain the accuracy of all such information; (iii) You are 18 years of age or older; (iv) You are not in violation of any applicable law or regulation in Your use of the Site.
(b) You understand that the Company does not own any third-party content nor have any of the Company’s associates/affiliates, directors, officers or employees entered into any sales agency relationship with such third party by virtue of the display of the third-party content on the Site. Such Content is the sole responsibility of the party who provided the content. The Company is not responsible for the accuracy, authenticity, lawfulness, propriety or truthfulness collection and use of any third-party contentproduct listings, and shall not be liable to You in connection with Your reliance of such third-party content.
pictures or descriptions for commercial purposes; (c) You agree to use this Site only for lawful purposesthe distribution, and in a lawful manner which does not infringe the rights of public performance or restrict or inhibit the use and enjoyment of this Site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may be defamatory, obscene, pornographic, pedophilic, invasive of privacy public display of any personSite Materials, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to applicable laws.
(d) You are aware that in no event modifying or otherwise making any derivative uses of our Site and the Site or the Company will be liable for any damages whatsoever, including, without limitation, indirect or consequential damages whether in action of contract, negligenceMaterials, or other tortuous action, arising out of or in connection with the use of the Site.
any portion thereof; (e) You agree that You shall not copyuse of any automated means to access, reproduce monitor or download interact with any portion of our Site, any data gathering or extraction methods; (f ) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information including textcontained therein, images or video clips available except as expressly permitted on or through the our Site, for the purpose of re-selling or re- distributing content available on the Site or performing any act that could otherwise commercially exploit the contents of the Site or the infringe the rights of the Company.
(f) You agree to not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law for the time being in force.
; (g) You agree cause to notappear any pop-up, directly pop-under, exit windows, expanding buttons, banners, advertisement, or indirectlyanything else which minimizes, offercovers, attempt to offer, trade or attempt to trade frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) buy the same goods which You are selling on the Site; (ii) sale the same goods which You propose to buy on the Site; and (iii) resale goods purchased on the Site, in any manner.
(h) You shall not deceive or mislead any User or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
(i) You are aware that the Company reserves the right to limit, deny or modify access to the Site and its features, to change any features or introduce new features without prior notice. In no event shall the Company be liable to You or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any features of the Site.
(j) You shall not perform any act or undertake any scheme which could compromise the integrity of the computer systems or networks or attempt to gain unauthorized access to such computer systems or networks used by the Company and/or any other User. You shall not add any material into the Site systems which contains any viruses, Trojan horses, worms, time bombs or other computer programming or similar routines that may damage, interfere with, or intercept any network system, data or personal information of the Company or any other User.
(k) You agree that you will not use the our Site or the Company Services Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of KPS, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these T&C shall be construed as conferring any license to infringe any intellectual property rights, whether belonging by estoppel, implication, or otherwise. This license is revocable at any time. You are responsible for maintaining the confidentiality of your password and any account information. You agree to immediately notify KPS of any unauthorized use of your password or other account information and further agree to indemnify and hold the CompanyKPS harmless for any improper or illegal use of your password. Any e-mail or other communication requesting your password, asking you to provide sensitive account information via email, should be treated as unauthorized and suspicious and should be reported to KPS immediately. INFRINGER POLICY In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, KPS has adopted a policy of terminating and barring, in appropriate circumstances and at KPS's sole discretion, site users or account holders who are deemed to be repeat infringers. KPS may also at its Users or a third party.
(l) The Company reserves the right sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe in good faith that any Site Contents infringe on your copyright, you (or your agent) may send KPS a notice, in accordance with the requirements set forth in the DMCA, requesting that we remove or block access to the infringing Site for Contents, which notice shall include the following information: • an electronic or physical signature of a User upon any infringement of its obligations mentioned herein, or if the Company believes that the conduct of any User is harmful person authorized to the interests act on behalf of the Company, its affiliates, or other users, or for any other reason in the Company’s sole discretion.
(m) By acceptance of this Agreement and these Terms, You hereby agree that You have obtained all requisite consents, licenses, approvals and permissions from all requisite governmental and statutory authorities for the goods and services You will provide on the Site.
(n) Links to third party sites are provided on the Site as a convenience to Users. You acknowledge and agree that the Company does not have any control over the content of such websites and/ or any information, resources or materials provided therein, does not monitor such websites of third parties and shall in no manner be deemed to be liable or responsible to any person for such use owner of the thirdexclusive right that is allegedly infringed; • identification of the copyrighted work claimed to have been infringed; • a description of where the material that you claim is infringing is located on this website; your address, telephone number, and e-party websites.mail address;
Appears in 1 contract
Samples: Terms and Conditions Agreement
Use of the Site. 2.1 This Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not copy the Content and will only access and use the Content for your personal purposes. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other web site or computer network for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate.
2.2 The trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written consent of the Company specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, the Company’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without the Company’s prior written consent. All goodwill generated from the use of any Company Trademark shall inure to the Company’s benefit.
2.3 You agree not to: (a) By using the Site and/or the Company Services, You represent and warrant that-(i) all registration information submitted is truthful and accurate; (ii) You will maintain the accuracy of all such information; (iii) You are 18 years of age or older; (iv) You are not in violation of take any applicable law or regulation in Your use of action that imposes an unreasonable load on the Site.
’s infrastructure, (b) You understand that the Company does not own use any third-party content nor have any of the Company’s associates/affiliatesdevice, directors, officers software or employees entered into any sales agency relationship with such third party by virtue of the display of the third-party content on the Site. Such Content is the sole responsibility of the party who provided the content. The Company is not responsible for the accuracy, authenticity, lawfulness, propriety routine to interfere or truthfulness of any third-party content, and shall not be liable attempt to You in connection with Your reliance of such third-party content.
(c) You agree to use this Site only for lawful purposes, and in a lawful manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this Site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may be defamatory, obscene, pornographic, pedophilic, invasive of privacy of any person, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to applicable laws.
(d) You are aware that in no event the Site or the Company will be liable for any damages whatsoever, including, without limitation, indirect or consequential damages whether in action of contract, negligence, or other tortuous action, arising out of or in connection interfere with the use of the Site.
(e) You agree that You shall not copy, reproduce or download any information including text, images or video clips available on or through the Site, for the purpose of re-selling or re- distributing content available on the Site or performing any act that could otherwise commercially exploit the contents proper working of the Site or the infringe the rights of the Company.
(f) You agree to not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law for the time activity being in force.
(g) You agree to not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in or (i) buy the same goods which You are selling on the Site; (ii) sale the same goods which You propose to buy on the Site; and (iii) resale goods purchased conducted on the Site, in (c) attempt to decipher, decompile, disassemble or reverse engineer any manner.
of the software comprising or making up the Site, (hd) You shall not deceive delete or mislead alter any User or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
(i) You are aware that the Company reserves the right to limit, deny or modify access to the Site and its features, to change any features or introduce new features without prior notice. In no event shall the Company be liable to You or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features material posted on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any features of the Site.
(j) You shall not perform any act or undertake any scheme which could compromise the integrity of the computer systems or networks or attempt to gain unauthorized access to such computer systems or networks used by the Company and/or any other User. You shall not add any material into the Site systems which contains any viruses, Trojan horses, worms, time bombs or other computer programming or similar routines that may damage, interfere with, or intercept any network system, data or personal information of the Company or any other User.
(k) You agree that you will not use the Site person or the Company Services to infringe any intellectual property rights, whether belonging to the Company, its Users or a third party.
(l) The Company reserves the right to terminate the access to the Site for a User upon any infringement of its obligations mentioned hereinentity, or if the Company believes that the conduct of (e) frame or link to any User is harmful to the interests of the Company, its affiliates, materials or other users, or for any other reason in the Company’s sole discretion.
(m) By acceptance of this Agreement and these Terms, You hereby agree that You have obtained all requisite consents, licenses, approvals and permissions from all requisite governmental and statutory authorities for the goods and services You will provide information available on the Site.
2.4 The Site contains links to third-party web sites (n) Links to third party sites “External Sites”). These links are provided on the Site solely as a convenience to Usersyou and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You acknowledge and agree that the Company does not should contact a representative of those External Sites if you have any control over concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such websites and/ External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
2.5 Certain elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any informationmeans, resources or materials provided thereinincluding but not limited to, does not monitor such websites of third parties and shall in no manner be deemed to be liable or responsible to any person for such the use of framing or mirrors, except as otherwise expressly permitted by Section 2.1 of the thirdAgreement. None of the Content for this Site may be retransmitted without the express written consent from the Company for each and every instance.
2.6 You may from time to time provide suggestions, comments for enhancements or functionality or other feedback (“Feedback”) to us with respect to the Site or Content. We shall have full discretion to determine whether or not to proceed with the development or implementation of any Feedback. You hereby grants Company a royalty-party websitesfree, fully paid up, worldwide, transferable, sublicenseable, irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and create derivative works of the Feedback; and (b) use the Feedback and/or any subject matter thereof, including without limitation, the right to develop, manufacture, have manufactured, market, promote, sell, have sold, offer for sale, have offered for sale, import, have imported, rent, provide and/or lease products or services which practice or embody, or are configured for use in practicing, the Feedback and/or any subject matter of the Feedback.
Appears in 1 contract
Samples: Website Terms and Conditions
Use of the Site. (a) By Purchasing Entity is are accessing this site using the Site and/or the Company ServicesInternet and Purchasing Entity’s Internet service provider. Security cannot be guaranteed. WEX hereby disclaims all liability for any security breaches of online communications or for any electronic, You represent and warrant that-(i) all registration information submitted is truthful and accurate; (ii) You will maintain the accuracy of all such information; (iii) You are 18 years of age computer or older; (iv) You are not in violation of any applicable law or regulation in Your use of the Site.
(b) You understand that the Company does not own any third-party content nor have any of the Company’s associates/affiliates, directors, officers or employees entered into any sales agency relationship with such third party by virtue of the display of the third-party content on the Siteother system failures. Such Content is the sole responsibility of the party who provided the content. The Company is not responsible for the accuracy, authenticity, lawfulness, propriety or truthfulness of any third-party content, and WEX shall not be liable to You in connection with Your reliance of such third-party content.
(c) You agree to use this Site only any person for lawful purposesloss, and in liability or damages, including consequential or special damages, arising as a lawful manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this Site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may be defamatory, obscene, pornographic, pedophilic, invasive of privacy result of any person, including bodily privacy, insulting security breaches or harassing on system failures or any other defect of the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to applicable laws.
(d) You are aware that in no event the Site or the Company will be liable for any damages whatsoeverelectronic online communication procedures, including, without limitation, indirect loss due to data modification or consequential damages whether in action destruction. Purchasing Entity agrees not to use this site for any purpose except (a) access to descriptions of contractWEX products and services and (b) to the extent agreed with WEX, negligencecertain specified functionality with respect to the Business Charge Accounts under Purchasing Entity’s program. In using this site Purchasing Entity’ agrees not to disrupt or interfere with the site, its services, system resources, nor to upload, post or otherwise transmit any viruses or other tortuous actionharmful, arising out of disruptive, inappropriate, illegal or in connection with the use of the Site.
(e) You agree that You shall destructive files. Purchasing Entity’ also agrees not copy, reproduce or download any information including text, images or video clips available on or through the Site, for the purpose of re-selling or re- distributing content available on the Site or performing any act that could otherwise commercially exploit the contents of the Site or the infringe the rights of the Company.
(f) You agree to not, directly or indirectly, offeruse, attempt to offeruse, trade or attempt to trade in any goods and servicesaccess other accounts, or create or use a false identity on the site. For the avoidance of doubt, the dealing of which is prohibited or restricted indemnification provisions set forth above are in any manner under the provisions of any applicable law for the time being addition to those set forth in force.
(g) You agree to not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in or (i) buy the same goods which You are selling on the Site; for Fleet Customers, their Business Charge Account agreement(s) and/or terms and conditions and (ii) sale the same goods which You propose to buy on the Site; and (iii) resale goods purchased on the Sitefor Partners, in any manner.
(h) You shall not deceive or mislead any User or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
(i) You are aware that the Company reserves the right to limit, deny or modify access to the Site and its features, to change any features or introduce new features without prior noticetheir Program Agreement(s). In no event shall the Company be liable to You or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any features of the Site.
(j) You shall not perform any act or undertake any scheme which could compromise the integrity of the computer systems or networks or attempt to gain unauthorized access to such computer systems or networks used by the Company and/or any other User. You shall not add any material into the Site systems which contains any viruses, Trojan horses, worms, time bombs or other computer programming or similar routines that may damage, interfere with, or intercept any network system, data or personal information of the Company or any other User.
(k) You agree that you will not use the Site or the Company Services to infringe any intellectual property rights, whether belonging to the Company, its Users or a third party.
(l) The Company WEX reserves the right to terminate the or suspend access to xxxxxx.xxx, in whole or in part, at any time, without notice. This site and the Site information provided on this site is provided "AS IS" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, noninfringement, or fitness for a User upon any infringement of its obligations mentioned herein, or if the Company believes that the conduct of any User is harmful to the interests of the Companyparticular purpose. WEX, its subsidiaries and affiliates, or other users, or for any other reason in the Company’s sole discretion.
(m) By acceptance of this Agreement and these Terms, You hereby agree make no warranty that You have obtained all requisite consents, licenses, approvals and permissions from all requisite governmental and statutory authorities for the goods and services You will provide on the Site.
(n) Links to third party sites are provided on the Site as a convenience to Users. You acknowledge and agree that the Company does not have any control over the content of such websites and/ or any information, resources or materials provided therein, does not monitor such websites of third parties and shall in no manner be deemed to be liable or responsible to any person for such use of the third-party websitessite or the materials will be uninterrupted, timely, secure, or error free or that defects, if any will be corrected and WEX assumes no responsibility for any damages that may be suffered by any Purchasing Entity, including, but not limited to, losses from delays, nondelivery of content or any communications, errors, system down time, network or system outages, file corruption or service interruptions.
Appears in 1 contract
Use of the Site. 2.1 This Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not copy the Content and will only access and use the Content for your personal purposes. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other web site or computer network for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate.
2.2 The trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written consent of the Company specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, the Company’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without the Company’s prior written consent. All goodwill generated from the use of any Company Trademark shall inure to the Company’s benefit.
2.3 You agree not to: (a) By using the Site and/or the Company Services, You represent and warrant that-(i) all registration information submitted is truthful and accurate; (ii) You will maintain the accuracy of all such information; (iii) You are 18 years of age or older; (iv) You are not in violation of take any applicable law or regulation in Your use of action that imposes an unreasonable load on the Site.
’s infrastructure, (b) You understand that the Company does not own use any third-party content nor have any of the Company’s associates/affiliatesdevice, directors, officers software or employees entered into any sales agency relationship with such third party by virtue of the display of the third-party content on the Site. Such Content is the sole responsibility of the party who provided the content. The Company is not responsible for the accuracy, authenticity, lawfulness, propriety routine to interfere or truthfulness of any third-party content, and shall not be liable attempt to You in connection with Your reliance of such third-party content.
(c) You agree to use this Site only for lawful purposes, and in a lawful manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this Site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may be defamatory, obscene, pornographic, pedophilic, invasive of privacy of any person, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to applicable laws.
(d) You are aware that in no event the Site or the Company will be liable for any damages whatsoever, including, without limitation, indirect or consequential damages whether in action of contract, negligence, or other tortuous action, arising out of or in connection interfere with the use of the Site.
(e) You agree that You shall not copy, reproduce or download any information including text, images or video clips available on or through the Site, for the purpose of re-selling or re- distributing content available on the Site or performing any act that could otherwise commercially exploit the contents proper working of the Site or the infringe the rights of the Company.
(f) You agree to not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law for the time activity being in force.
(g) You agree to not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in or (i) buy the same goods which You are selling on the Site; (ii) sale the same goods which You propose to buy on the Site; and (iii) resale goods purchased conducted on the Site, in (c) attempt to decipher, decompile, disassemble or reverse engineer any manner.
of the software comprising or making up the Site, (hd) You shall not deceive delete or mislead alter any User or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
(i) You are aware that the Company reserves the right to limit, deny or modify access to the Site and its features, to change any features or introduce new features without prior notice. In no event shall the Company be liable to You or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features material posted on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any features of the Site.
(j) You shall not perform any act or undertake any scheme which could compromise the integrity of the computer systems or networks or attempt to gain unauthorized access to such computer systems or networks used by the Company and/or any other User. You shall not add any material into the Site systems which contains any viruses, Trojan horses, worms, time bombs or other computer programming or similar routines that may damage, interfere with, or intercept any network system, data or personal information of the Company or any other User.
(k) You agree that you will not use the Site person or the Company Services to infringe any intellectual property rights, whether belonging to the Company, its Users or a third party.
(l) The Company reserves the right to terminate the access to the Site for a User upon any infringement of its obligations mentioned hereinentity, or if the Company believes that the conduct of (e) frame or link to any User is harmful to the interests of the Company, its affiliates, materials or other users, or for any other reason in the Company’s sole discretion.
(m) By acceptance of this Agreement and these Terms, You hereby agree that You have obtained all requisite consents, licenses, approvals and permissions from all requisite governmental and statutory authorities for the goods and services You will provide information available on the Site.
2.4 The Site contains links to third-party web sites (n) Links to third party sites “External Sites”). These links are provided on the Site solely as a convenience to Usersyou and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You acknowledge and agree that the Company does not should contact a representative of those External Sites if you have any control over concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such websites and/ External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
2.5 Certain elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any informationmeans, resources or materials provided thereinincluding but not limited to, does not monitor such websites of third parties and shall in no manner be deemed to be liable or responsible to any person for such the use of framing or mirrors, except as otherwise expressly permitted by Section 2.1 of the thirdAgreement. None of the Content for this Site may be retransmitted without the express written consent from the Company for each and every instance.
2.6 You may from time to time provide suggestions, comments for enhancements or functionality or other feedback (“Feedback”) to us with respect to the Site or Content. We shall have full discretion to determine whether or not to proceed with the development or implementation of any Feedback. You hereby grant Company a royalty-party websitesfree, fully paid-up, worldwide, transferable, sub-licenseable, irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and create derivative works of the Feedback; and (b) use the Feedback and/or any subject matter thereof, including without limitation, the right to develop, manufacture, have manufactured, market, promote, sell, have sold, offer for sale, have offered for sale, import, have imported, rent, provide and/or lease products or services which practice or embody, or are configured for use in practicing, the Feedback and/or any subject matter of the Feedback.
Appears in 1 contract
Samples: Website Terms and Conditions
