User Conduct. 7.1 In using and/or accessing Novus Property and Services, you shall: (a) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and (b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion. 7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to: (a) use Novus Property and Services or any part thereof for any purposes other than for your personal use; (b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system; (c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems; (d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval; (e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services; (f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and (g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. 7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium. 7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 2 contracts
Samples: Terms and Conditions Agreement, Terms and Conditions Agreement
User Conduct. 7.1 In using and/or accessing Novus Property You acknowledge and Servicesagree that your use of this Site and the Services found at this Site, including any content you shall:
(a) submit, will comply with this Agreement and all Applicable Lawapplicable local, state, national and international laws, rules, and regulations. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User, or any other person or entity without their express prior written consent. Clever Things, LLC reserves the right to remove any content it deems as inappropriate. You will not use this Site or the Services found at this Site, through content or hyperlinks, in a manner (as determined by Clever Things, LLC in its sole and absolute discretion) that: •Promotes, encourages, or engages in an illegal activity; •Promotes, encourages, or engages in child pornography or the exploitation of children; •Posting or transmitting to or from our web sites any unlawful, obscene, libelous, threatening, bullying, harassing, defamatory, pornographic, or any other material that could give rise to any civil or criminal liability under the law; •Promotes, encourages, or engages in terrorism, violence against people, animals, or property; •Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; •You will not impersonate any other person or entity, or submit content on behalf of any other person or entity without their express prior written consent; •You will treat your access to the forums and other users with respect, and not post content that is off-topic to a forum; •You will not submit content that provides any non-public information about another user, Clever Things, LLC or any of Clever Things, LLC’s employees or customers (including the names and contact information); •You will not submit content that contains third party advertising, spam, chain letters or any other solicitation, including solicitation of lawsuits (links that connect to commercial web sites will not be considered unauthorized solicitations unless the link or web site content appears to be intended as a means of solicitation or part of an “affiliate” program, as determined by us in our sole and absolute discretion). •Violates the Xxxx Xxxxxx Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; •Infringes on the intellectual property rights of another User or any other person or entity; •Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; •Interferes with the operation of this Site or the Services found at this Site; •Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; •Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Clever Things, LLC or Clever Things, LLC’s Services; •You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Clever Things, LLC; •You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies; •You will not access Clever Things, LLC Content or User Content through any technology or means other than through this Site itself, or as Clever Things, LLC may designate; •You agree to back-up all of your User Content so that you can access and use it when needed. Clever Things, LLC does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content; •You will not re-sell or provide the Services for a commercial purpose, including any of Clever Things, LLC’s related technologies, without Clever Things, LLC's express prior written consent; In addition to the general rules above, the provisions in this section apply specifically to your use of Clever Things, LLC Content and User Content posted to Clever Things, LLC’s corporate web sites (i.e., those sites which Clever Things, LLC directly controls or maintains). The applicable provisions are not intended to, and do not have the effect of, transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to our web sites. Except for User Content, the content on this Site, and the Services found at this Site, including without limitation technology control the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Clever Things, LLC Content”), are owned by or export laws licensed to Clever Things, LLC in perpetuity, and regulations that apply are subject to copyright, trademark, and / or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Clever Things, LLC. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Clever Things, LLC reserves all rights not expressly granted in and to the technology used Clever Things, LLC Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights. Some of the features of this Site or supported by the Website and/or any Website Services; and
Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) comply literary, artistic, musical, or other content, including but not limited to photos and videos (together with all guidelinesUser Submissions, rules, regulations, policies, instructions and procedures in connection with “User Content”). By posting or publishing User Content to this Site or to the Website and Website Services as imposed or may be imposed from time to time by Novus found at Novus’s absolute discretion.
7.2 Except as expressly set out in this AgreementSite, you shall not represent and shall not attempt towarrant to Clever Things, whether by yourself LLC that (i) you have all necessary rights to distribute User Content via this Site or by allowing any third party to:
(a) use Novus Property and via the Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful mannerfound at this Site, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into either because you are the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any author of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
7.3 If any part of Novus Property User Content and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert distribute the same, or because you have the appropriate distribution rights, licenses, consents, and / or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Clever Things, LLC Content or User Content) or enforce such provisions directly limitations on the use of this Site or on Novus ‘s behalfthe Services found at this Site, the Clever Things, LLC Content or the User Content therein.
Appears in 2 contracts
Samples: Terms of Use, Terms of Use
User Conduct. 7.1 In using and/or accessing Novus Property and Services, you shall:
Borrower agrees: (ai) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply not to use the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or MyAccount service in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburdenoverburden or impair the MyAccount service; (ii) not to share Borrower’s Passwords with any other user or provide access to the MyAccount service or site to any other Person authorized to act on Borrower’s behalf. Any employee of Borrower, impair or compromise Novusauthorized third party (e.g., accounting company) who requires such access, and is approved by Borrower’s systems User Administrator, should apply for their own Passwords; (iii) not to upload, post, or security otherwise transmit through or interfere with on the MyAccount site any viruses or other users’ use and enjoyment harmful, disruptive or destructive files; (iv) not to knowingly post on the MyAccount service or site information which is untrue, incomplete or inaccurate; (v) not to transmit through or on the MyAccount site “spam”, chain letters, junk mail or any other type of Novus Property and Services;
unsolicited mass email to Persons who have not agreed to be part of such mailings; (fvi) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt not to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted otherwise disseminate on or through or posted on the Website any Information which violates or infringes the rights of othersMyAccount site harassing, which is unlawfuldefamatory, technologically harmfullibelous, tortious, offensive, threatening, abusive, defamatory, vulgar, obscene, profane obscene or otherwise objectionableunlawful communications or materials of any kind, or materials which encourages conduct infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that would could constitute a criminal offenceoffense, give rise to civil liability or otherwise violate any applicable law.
7.3 If ; (vii) not to use any part robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the MyAccount site including, but not limited to, personally identifiable information of Novus Property and Services is copied in accordance with this Agreementany other user of the MyAccount site, you shall keep or the names of customers of Administrative Agent or its Affiliates; (viii) not to modify, assign, sublicense, sell or prepare derivative works of any materials on the MyAccount site nor to reproduce or publicly display, perform, distribute or otherwise use such materials except as expressly allowed herein; (ix) to retain, on all copies of Novus Property any materials downloaded, all copyright, trademark, and Services secured other proprietary notices contained in the materials; (x) not to interfere with the security of, or otherwise abuse, the MyAccount service, or any services, system resources, accounts, servers or networks connected to or accessible through the MyAccount site or affiliated or linked sites; (xi) not to disrupt or interfere with any other Person’s use and to maintain accurate and up- to- date records enjoyment of the number MyAccount service or affiliated or linked sites; (xii) not to use or attempt to use another’s account, service or system without authorization from Administrative Agent to create or use a false identity on the MyAccount service; (xiii) not to attempt to obtain unauthorized access to the MyAccount service or portions of the MyAccount service which are restricted from general access; and locations of (xiv) to comply with all such copies and applicable laws that relate to include Novus’s copyright notice its use or activities on all entire and partial copies you make of Novus Property and Services on any mediumthe MyAccount service.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Samples: Credit Agreement (Medical Staffing Network Holdings Inc)
User Conduct. 7.1 In using and/or accessing Novus Property and ServicesAs a condition of use, you shall:
agree not to use CircleIn Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third-party) either (a) comply with all Applicable Law, including without limitation technology control to take any action or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelinesMake Available any Content on or through CircleIn Properties that: (i) infringes any patent, rulestrademark, regulationstrade secret, policiescopyright, instructions and procedures in connection with the Website and Website Services as imposed right of publicity or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself other right of any person or by allowing any third party to:
entity; (aii) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, harassing, bullying, defamatory, vulgarlibelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, profane offensive, or otherwise objectionableprofane; (iii) constitutes unauthorized or unsolicited advertising, which encourages conduct junk or bulk e-mail; (iv) involves commercial activities and/or sales without CircleIn’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of CircleIn; (vi) interferes with or attempts to interfere with the proper functioning of CircleIn Properties or uses CircleIn Properties in any way not expressly permitted by the Terms; or (vii) to attempt or engage in, any potentially harmful acts that would constitute a criminal offenceare directed against CircleIn Properties, give rise including but not limited to civil liability violating or otherwise attempting to violate any lawsecurity features of CircleIn Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in CircleIn Properties, introducing viruses, worms, or similar harmful code into CircleIn Properties, or interfering or attempting to interfere with use of CircleIn Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” CircleIn Properties. IF, AT ANY TIME, YOU EXPERIENCE OR WITNESS ANY USER VIOLATING THIS SECTION 5, INCLUDING SPECIFICALLY, THE PROHIBITION ON HARASSMENT OR BULLYING, THEN PLEASE REPORT SUCH VIOLATION IMMEDIATELY TO US AT XXXXXXXX@XXXXXXXXXXX.XXX. WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE ANY USER’S ACCOUNT AND/OR ACCESS TO THE CIRCLEIN PROPERTIES, AT IT SOLE DISCRETION, IF ANY USER VIOLATES THIS SECTION 5 OR IF WE REASONABLY SUSPECT THAT A USER HAS OR WILL VIOLATE THIS SECTION 5.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Samples: Terms of Use
User Conduct. 7.1 In While using and/or accessing Novus Property the Site and the Services, you shall:
agree not to: • impersonate any person or entity or misrepresent your affiliation with any other person or entity; • attempt to gain unauthorized access to other computer systems through the Site; • obtain or attempt to obtain unauthorized access to computer systems, materials, information or any Services made available on or through the Site through any means; • use the Site or the Services or features in violation of Xxx Xxxxxxx'x or any third party's intellectual property or other proprietary, personal or legal rights; • use the Site or the Services in violation of any applicable law; • attempt (aor encourage or support anyone else's attempt) comply with all Applicable Lawto circumvent, including without limitation technology control reverse engineer, decrypt, or export laws and regulations that apply to the technology used otherwise alter or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection interfere with the Website and Website Services as imposed Site or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreementthe Services, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purposecontent thereof, or make unauthorized use thereof; • use the Site in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, or impair or compromise Novus’s systems or security the Site or interfere with any other users’ party's use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems the Site; • obtain or attempt to decipher obtain any transmissions to materials or from information through any means not intentionally made publicly available or provided for through the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of othersSite. 11. NO WARRANTIES. XXX XXXXXXX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE SITE OR THE SERVICES MADE AVAILABLE ON THE SITE BY XXX XXXXXXX OR ANY THIRD PARTY. XXX XXXXXXX SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE OR THE SERVICE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE, which is unlawfulTHE SITE'S CONTENT, technologically harmfulAND THE SERVICE AT YOUR OWN RISK. THE SITE AND THE SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. XXX XXXXXXX IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. XXX XXXXXXX RESERVES THE RIGHT TO MAKE CHANGES, threateningCORRECTIONS, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any lawAND/OR IMPROVEMENTS TO THE SITE AND THE SERVICE AT ANY TIME WITHOUT NOTICE.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Samples: Website Terms of Use
User Conduct. 7.1 (a) In using and/or accessing Novus Property connection with your access and Servicesuse of the website or the Service and that of any person authorized by you to access and use the website or the Service, you shallare responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the website or the Service, neither you nor the Company may cause or permit any person to do any of the following:
(a) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(ai) use Novus Property and Services the website, the Service or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, Content for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(cii) misuse use the website or abuse Novus Property and Services in anyway the Service to post or otherwise compromise the integrity of Novus’s software transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or systemsother computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
(diii) send, advertise impose an unreasonably or publish any unsolicited advertising or promotional content through or disproportionately large load on the Website website or Website Services without Novus’s written approvalthe Service or otherwise interfere with or inhibit any other user of the website or the Service from using or enjoying the website or the Service;
(eiv) use Novus Property and Services in a way that could damage, disable, overburden, impair the website or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt the Service to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website transmit any Information which violates or infringes the rights of others, which is unlawful, technologically harmfulfraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, defamatoryhateful, vulgaroffensive, obsceneharassing, profane or otherwise objectionableobjectionable information of any kind;
(v) use the website or the Service to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others;
(vi) use the website or the Service to post or transmit any advertisements, which encourages conduct that would constitute a criminal offencesolicitations, give rise to civil liability chain letters, pyramid schemes, investment opportunities or otherwise schemes, or other unsolicited commercial communication;
(vii) violate any lawcode of conduct or other guidelines which may be applicable for any particular feature of the website or the Service; or
(viii) create a false identity for the purpose of misleading others.
7.3 (b) If any part of Novus Property you do open an account for a company, organization, or other entity, then "you" includes you and Services is copied that entity, and you promise that you are authorized to grant all permissions and licenses provided in accordance with this Agreementthese Terms and bind the entity to these Terms, and that you shall keep all copies of Novus Property and Services secured and do hereby agree to maintain accurate and up- to- date records of these Terms on the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any mediumentity's behalf.
7.4 The foregoing provisions (c) You are prohibited from using the website if we have previously disabled your account for the benefit violations of Novus and Novus’s related corporationsour terms or policies.
(d) If you have not logged into your account for 365 days, contractors, successors and assigns and each shall have we reserve the right to assert delete your account.
(e) If we suspect that you are using automated means to sign up for multiple accounts, to post content, or in any other way appear to not be a human person, we reserve the right to delete your account.
(f) If you download or use our software, you give us permission to download and enforce such provisions directly install upgrades, updates, and additional features to improve, enhance, and further develop it. Violation of any of these Terms may result in termination of your Account and access to the website and the Service at any time without notice. We retain the right to determine, in our sole discretion, what further action may be taken in the event of any discovered or on Novus ‘s behalfreported violation of this Agreement.
Appears in 1 contract
User Conduct. 7.1 In using and/or accessing Novus Property and Services, you shall:
Borrowers agree: (a) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply not to use the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or MyAccount service in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburdenoverburden or impair the MyAccount service; (b) not to share Borrowers’ Passwords with any other user or provide access to the MyAccount service or site to any other person authorized to act on Borrowers’ behalf. Any employee of Borrowers, impair or compromise Novus’s systems authorized third party (e.g., accounting company) who requires such access, and is approved by Borrowers’ User Administrator, should apply for their own Passwords; (c) not to upload, post, or security otherwise transmit through or interfere with on the MyAccount site any viruses or other users’ use and enjoyment harmful, disruptive or destructive files; (d) not to knowingly post on the MyAccount service or site information which is untrue, incomplete or inaccurate; (e) not to transmit through or on the MyAccount site “spam”, chain letters, junk mail or any other type of Novus Property and Services;
unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt not to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted otherwise disseminate on or through or posted on the Website any Information which violates or infringes the rights of othersMyAccount site harassing, which is unlawfuldefamatory, technologically harmfullibelous, tortious, offensive, threatening, abusive, defamatory, vulgar, obscene, profane obscene or otherwise objectionableunlawful communications or materials of any kind, or materials which encourages conduct infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that would could constitute a criminal offenceoffense, give rise to civil liability or otherwise violate any applicable law.
7.3 If ; (g) not to use any part robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the MyAccount site including, but not limited to, personally identifiable information of Novus Property and Services is copied in accordance with this Agreementany other user of the MyAccount site, you shall keep or the names of customers of Lender or its Affiliates; (h) not to modify, assign, sublicense, sell or prepare derivative works of any materials on the MyAccount site nor to reproduce or publicly display, perform, distribute or otherwise use such materials except as expressly allowed herein; (i) to retain, on all copies of Novus Property any materials downloaded, all copyright, trademark, and Services secured other proprietary notices contained in the materials; (j) not to interfere with the security of, or otherwise abuse, the MyAccount service, or any services, system resources, accounts, servers or networks connected to or accessible through the MyAccount site or affiliated or linked sites; (k) not to disrupt or interfere with any other Person’s use and to maintain accurate and up- to- date records enjoyment of the number MyAccount service or affiliated or linked sites; (l) not to use or attempt to use another’s account, service or system without authorization from Lender to create or use a false identity on the MyAccount service; (m) not to attempt to obtain unauthorized access to the MyAccount service or portions of the MyAccount service which are restricted from general access; and locations of (n) to comply with all such copies and applicable laws that relate to include Novus’s copyright notice its use or activities on all entire and partial copies you make of Novus Property and Services on any mediumthe MyAccount service.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
User Conduct. 7.1 In using and/or accessing Novus Property and Services, you shall:
(a) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you A. User shall use xxx.xxxxxxxxxxx.xxx for lawful purposes only. User shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted transmit through or posted on the Website xxx.xxxxxxxxxxx.xxx any Information material which violates or infringes in any way upon the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offenceoffense, give rise to civil liability or otherwise violate any law, or which, without PFP's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in PFP 's discretion restricts or inhibits any other User from using or enjoying xxx.xxxxxxxxxxx.xxx will not be permitted. User shall not use xxx.xxxxxxxxxxx.xxx to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with PFP.
7.3 If B. xxx.xxxxxxxxxxx.xxx contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of xxx.xxxxxxxxxxx.xxx are copyrighted as a collective work under theU United States copyright laws. PFP owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any part of Novus Property and Services is copied in accordance with this Agreementway exploit, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records any of the number content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PFP and locations the copyright owner. In the event of all such copies and to include Novus’s any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice on all entire and partial copies you make of Novus Property and Services on shall be made. User acknowledges that it does not acquire any mediumownership rights by downloading copyrighted material.
7.4 C. User shall not upload, post or otherwise make available on xxx.xxxxxxxxxxx.xxx any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of xxx.xxxxxxxxxxx.xxx, User automatically grants, or warrants that the owner of such material has expressly granted PFP the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants PFP the right to edit, copy, publish and distribute any material made available on xxx.xxxxxxxxxxx.xxx by User.
D. The foregoing provisions of Section 5 are for the benefit of Novus PFP, its subsidiaries, affiliates and Novus’s related corporations, contractors, successors its third party content providers and assigns licensors and each shall have the right to assert and enforce such provisions directly or on Novus ‘s its own behalf.
Appears in 1 contract
Samples: Terms of Use
User Conduct. 7.1 In using and/or accessing Novus Property The Products and Servicesall information, data, materials, and other content included in the Products (collectively, the “Content”) is provided to you for individual, personal, and non-commercial use. Except for the limited rights granted to you by Boxlight under these Terms, you shall:
(a) comply with all Applicable Lawmay not download, including without limitation technology control copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, transfer, upload, post, create derivative works of, exploit, sublicense or export laws and regulations that apply otherwise assign to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party tothe Products or Content. When using the Products, you may not:
(a) use Novus Property and Services a. decompile, decipher, disassemble, translate, modify, reverse engineer or any part thereof for any purposes other than for your personal useotherwise attempt to access the source code of the Products or Content, except where permitted by law notwithstanding this limitation;
(b) use Novus Property and Services in b. remove any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or proprietary notices on the Website Products or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damageContent, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher disable, bypass, modify, defeat, or otherwise circumvent any transmissions to digital rights management or from the servers running any security system used as part of the Website Services; andProducts or Content;
(g) transmit c. upload to the Products the personal information of others that you are not authorized to provide or post otherwise provide any content, data or cause information to be transmitted through Boxlight that contains viruses or posted on the Website any Information which violates malicious code or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
d. use the Products or Content in a way that suggests you are a representative of Boxlight;
e. use the Products or Content as a platform for external applications, which encourages conduct or to develop applications, services, websites, or any other functionalities that would constitute a criminal offenceleverage the Products or Content;
f. infringe or misappropriate the intellectual property, give rise to civil liability proprietary or otherwise violate privacy rights of any law.third party;
7.3 If any part of Novus Property and Services is copied in accordance g. interfere with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records or disrupt the proper functioning of the number Products or Content, Boxlight or any third party systems used to host the Products, or other equipment or networks used to provide the Products;
h. circumvent the user authentication or security of the Products or any host, network, or account related thereto;
i. use any application programming interface to access the Products;
j. make any use of the Products or Content that violates any applicable local, state, national, international or foreign law including U.S. and locations foreign export regulations and restrictions;
k. fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution or other disclosure of all such copies the Products or Content;
l. allow any individual to use any Account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s) and user keys) of someone other than the individual identified in the Account information; or
m. cause damage to include NovusBoxlight’s copyright notice on all entire business, reputation, employees, members, facilities, or to any other person or legal entity. Any scraping, automated access, or other unauthorized access to and partial copies you make storage of Novus Property Products or Content will result in immediate termination of your access to the Products, Content, and your account. Use of the Online Services on or Content for any mediumpurpose other than what is described in this section is prohibited.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Samples: End User License Agreement
User Conduct. 7.1 In The Platform is a transparent and open digital art marketplace that depends on the honest participation of all Users. The following conducts are prohibited on the Platform: ⚫ Users are prohibited from manipulating market prices: Users are expressly forbidden from accepting, soliciting, offering, bidding, engaging with the Smart Contracts, or otherwise transacting on or off of the Platform with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented the price a NFT, groups of NFTs, or NFTs created by particular Artists. ⚫ Users are prohibited from bidding on, or purchasing their own works: Artists, Owners, and Collectors are expressly forbidden from bidding or purchasing on their own listed or offered NFTs, especially for the purpose of artificially influencing the price of the listed NFT(s). ⚫ Users are prohibited from anticompetitive conduct: Users are generally forbidden from engaging any deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price of a work, simulate demand for a work (i.e, "wash trading"), or any other anticompetitive bidding conduct such as but not limited to “puffing,” “chill bidding,” “shill bidding,” “sham bidding,” or “sock puppet bidding.” ⚫ Users are responsible for their own conduct while accessing or using and/or accessing Novus Property the Platform, and Servicesfor any consequences thereof. You agree to use the App only for purposes that are legal, you shall:
proper and in accordance with the Agreement and any applicable laws or regulations. By way of example, and not as a limitation, Users may not, and may not allow any third party to: 1) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;2) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country, in any involve proceeds of any unlawful activity; 3) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; 4) impersonate another person (avia the use of an email address or otherwise); 5) comply upload, post, transmit or otherwise make available through the Platform any content that infringes the intellectual proprietary rights of any party; 6) operate to defraud the Platform, other users, or any other person or provide false, inaccurate or misleading information; 7) use the Platform to violate the legal rights (such as rights of privacy and publicity) of others; 8) engage in, promote, or encourage illegal activity (including, without limitation, financing terrorism, tax evasion or money laundering); 9) interfere with all Applicable Lawanother individual’s or entity’s access to or use of the Platform; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights or privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance or violent acts against others; harvest or otherwise collect information from the Platform about others, including without limitation technology control email addresses, without proper consent; ; 10) exploit the Platform for any unauthorized commercial purpose; 11) modify, adapt, translate, or export laws and regulations reverse engineer any portion of the Platform; 12) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it; 13) reformat or frame any portion of the Platform; 14) display any content on the Platform that apply to the technology used contains any hate-related or supported by the Website and/or violent content or pornographic content or contains any Website Services; and
(b) comply with all guidelinesother material, rulesproducts or services that violate or encourage conduct that would violate any criminal laws, regulationsany other applicable laws, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(arights; 15) use Novus Property and Services any robot, spider, site search/retrieval application, or other device to retrieve or index any part thereof portion of the Platform or the content posted on the Platform, or to collect information about its users for any purposes unauthorized purpose; 16) create user accounts by automated means or under false or fraudulent pretenses; or 17) access or use the Platform for the purpose of creating a product or service that is competitive with any of our products or services. ⚫ Users agree to report suspicious market activity: Users agree to report suspicious market activity of other than Users. If a User suspects that one or more Users on the Platform are in violation of the Agreement, the User should promptly inform the platform. ⚫ Violation of the marketplace code of conduct may result in the platform’s intervention: Users hereby agree and acknowledge that any forbidden marketplace conduct described herein and in the may be a violation of related laws and/or the Agreement. The Platform hereby reserves the right to completely or partially restrict or revoke a User’s access to the Site for your personal use;
(b) use Novus Property and Services in any unlawful mannerviolating the Agreement. The Platform reserves the right to amend, for any unlawful purposerectify, edit, or in any manner inconsistent with this otherwise alter Market transaction data to mitigate market harm caused by a User’s violation of the Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into . ⚫ Users release the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with platform from claims arising from other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any violations of the Website Services; and
(g) transmit agreement: Users irrevocably release, acquit, and forever discharge the Platform and its subsidiaries, affiliates, officers, and successors for and against any and all past or post future causes of action, suits, or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights controversies arising out of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records another User’s violation of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any mediumAgreement.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Samples: NFT Service Agreement
User Conduct. 7.1 In using and/or accessing Novus Property and ServicesAs a condition of use, you shallagree not to use the Services for any purpose that is prohibited by this Agreement or by applicable law.
6.1 You shall not (and shall not permit any third party to) either (a) take any action or (b) Make Available any Content on or through the Services that:
(a) comply with all Applicable Lawinfringes any patent, including without limitation technology control trademark, trade secret, copyright, right of publicity or export laws and regulations that apply to the technology used other right of any person or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal useentity;
(b) use Novus Property and Services in any unlawful manneris unlawful, for any unlawful purposethreatening, abusive, harassing, misleading, malicious, false, defamatory, libelous, pornographic, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or racially, ethnically, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating systemotherwise discriminatory;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systemsconstitutes unprofessional conduct;
(d) sendconstitutes unauthorized or unsolicited advertising, advertise junk or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approvalbulk e-mail;
(e) use Novus Property and Services in a way that could damageinvolves commercial activities and/or sales, disablesuch as contests, overburdensweepstakes, impair barter, advertising, or compromise Novuspyramid schemes without Xxxxx’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Servicesprior written consent;
(f) collect impersonates any person or harvest entity, including any Information from Novus Property and Services employee or Novus’s systems or attempt to decipher any transmissions to or from the servers running any representative of the Website Services; andColle;
(g) transmit interferes with or post attempt to interfere with the proper functioning of the Services or cause uses the Services in any way not expressly permitted by this Agreement;
(h) manipulates the price of any listed Item or interferes with a Registered User profile or Seller listings;
(i) transfers your Account and username to be transmitted through another party without our consent;
(j) bypasses our robot exclusion hardware, interferes with the working of the Services, or posted imposes an unreasonable or disproportionately large load on our infrastructure;
(k) uses the Website Services to collect, harvest, transmit, distribute or submit any Information which violates information concerning any other person or infringes the rights entity, including without limitation photographs of others, which is unlawfulpersonal contact information or credit card, technologically harmfuldebit or calling card or account numbers without their permission;
(l) takes any action that may undermine any feedback or ratings systems we have in place;
(m) breaches or circumvents any laws, threateningthird party rights or our systems, abusivepolicies, defamatoryor determinations of your Account status, vulgarincluding but not limited to laws related to the export control, obscenesanctions, profane or otherwise objectionablethe prevention of money laundering or terrorist financing;
(n) deliberately engages in activities designed to adversely affect the performance of the blockchain platform used by the Services;
(o) attempts to engage in or engages in, which encourages conduct any potentially harmful acts that would constitute a criminal offenceare directed against the Services, give rise including but not limited to civil liability violating or otherwise attempting to violate any lawsecurity features of the Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.
7.3 If (p) engages in or knowingly facilitates any part “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities, including:
(i) trading an Item at successively lower or higher prices for the purpose of Novus Property and creating or inducing a false, misleading or artificial appearance of activity in such Item, unduly or improperly influencing the market price for such Item trading on the Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records or establishing a price which does not reflect the true state of the number and locations market in such Item (ii) executing or causing the execution of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for transaction in an Item which involves no material change in the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.beneficial ownership thereof
Appears in 1 contract
Samples: Terms of Service
User Conduct. 7.1 In using and/or accessing Novus Breakout Property and Services, you shall:
(a) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus Breakout at NovusBreakout’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Breakout Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Breakout Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Breakout Property and Services in anyway or otherwise compromise the integrity of NovusBreakout’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without NovusBreakout’s written approval;
(e) use Novus Breakout Property and Services in a way that could damage, disable, overburden, impair or compromise NovusBreakout’s systems or security or interfere with other users’ use and enjoyment of Novus Breakout Property and Services;
(f) collect or harvest any Information from Novus Breakout Property and Services or NovusBreakout’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
7.3 If any part of Novus Breakout Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Breakout Property and Services secured and to maintain accurate and up- to- up-to-date records of the number and locations of all such copies and to include NovusBreakout’s copyright notice on all entire and partial copies you make of Novus Breakout Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus Breakout and NovusBreakout’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus Breakout ‘s behalf.
Appears in 1 contract
Samples: Terms and Conditions
User Conduct. 7.1 In using and/or accessing Novus Property and Services, You agree that you shall:
(a) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures are solely responsible for your conduct in connection with the Website Services. You agree that you will abide by this Agreement and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall will not (and shall will not attempt to, whether by yourself or by allowing any third party to:
): (a) use Novus Property and Services provide false or any part thereof for any purposes other than for your personal use;
misleading information to Lantern; (b) use Novus Property and or attempt to use another Registered User’s Account or Lantern Wallet without authorization from such Registered User; (c) pose as another person or entity; (d) use the Services in any unlawful mannermanner that could interfere with, for any unlawful purposedisrupt, negatively affect or inhibit other Registered Users from fully enjoying the Services, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburdenoverburden or impair the functioning of the Services in any manner; (e) develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and the Services;
; (f) bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services; (g) attempt to circumvent any content-filtering techniques we employ; (h) collect or harvest data from our Services that would allow you to contact individuals, companies, or other persons or entities, or use any Information such data to contact such entities; (i) use data collected from Novus Property our Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing); (j) bypass or ignore instructions that control all automated access to the Services; (k) use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or this Agreement; (m) use your Account or Lantern Wallet to carry out any illegal activities in connection with or in any way related to your access to and use of the Services, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Services; (n) engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities, including: (i) trading User Assets at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity in such User Asset, unduly or improperly influencing the market price for such User Asset on the Services or Novus’s systems any Supported Blockchain or attempt to decipher any transmissions to or from establishing a price which does not reflect the servers running any true state of the Website Servicesmarket in such User Asset; and
(gii) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit purpose of Novus creating or inducing a false or misleading appearance of activity in a User Asset or creating or inducing a false or misleading appearance with respect to the market in a User Asset: (Y) executing or causing the execution of any transaction in a User Asset which involves no material change in the beneficial ownership thereof; or (Z) entering any order for the purchase or sale of a User Asset with the knowledge that an order of substantially the same size, and Novus’s related corporationsat substantially the same price, contractors, successors and assigns and each shall have for the right to assert and enforce sale of such provisions directly or on Novus ‘s behalf.User
Appears in 1 contract
Samples: Terms of Use Agreement
User Conduct. 7.1 In using and/or accessing Novus Property and ServicesAs a condition of use, you shall:
agree not to use Company Properties for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) to either (a) comply with all Applicable Law, including without limitation technology control take any action or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelinesMake Available any Content on or through Company Properties that: (i) infringes any patent, rulestrademark, regulationstrade secret, policiescopyright, instructions and procedures in connection with the Website and Website Services as imposed right of publicity or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself other right of any person or by allowing any third party to:
entity; (aii) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, harassing, misleading, false, defamatory, vulgarlibelous, pornographic, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or otherwise objectionableracially, which encourages conduct that would constitute a criminal offenceethnically, give rise to civil liability or otherwise discriminatory; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Company’s prior written consent; (v) impersonates any person or entity, including any employee or representative of Company; (vi) interferes with or attempt to interfere with the proper functioning of Company Properties or uses Company Properties in any way not expressly permitted by this Agreement; (vii) manipulates the price of any listed item or interferes with a User profile or Seller listings; (ix) transfers your account and username to another party without our consent; (x) bypasses our robot exclusion hardware, interferes with the working of the Company Properties, or imposes an unreasonable or disproportionately large load on our infrastructure; (xi) uses the Company Properties to collect, harvest, transmit, distribute or submit any information concerning any other person or entity, including without limitation photographs of others, personal contact information or credit card, debit or calling card or account numbers without their permission; (xii) takes any action that may undermine our feedback or ratings systems; (xiii) breaches or circumvents any laws, third party rights or our systems, policies, or determinations of your account status; or (xiv) attempts to engage in or engages in, any potentially harmful acts that are directed against Company Properties, including but not limited to violating or attempting to violate any lawsecurity features of Company Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Company Properties, introducing viruses, worms, or similar harmful code into Company Properties, or interfering or attempting to interfere with use of Company Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Company Properties.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Samples: Terms of Service Agreement
User Conduct. 7.1 In using and/or accessing Novus Property and Services, you shall:
Each Borrower agrees: (a) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply not to use the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or MyAccount service in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburdenoverburden or impair the MyAccount service; (b) not to share such Borrower’s Passwords with any other user or provide access to the MyAccount service or site to any other person authorized to act on such Borrower’s behalf. Any employee of any Borrower, impair or compromise Novusauthorized third party (e.g., accounting company) who requires such access, and is approved by such Borrower’s systems User Administrator, should apply for their own Passwords; (c) not to upload, post, or security otherwise transmit through or interfere with on the MyAccount site any viruses or other users’ use and enjoyment harmful, disruptive or destructive files; (d) not to knowingly post on the MyAccount service or site information which is untrue, incomplete or inaccurate; (e) not to transmit through or on the MyAccount site “spam”, chain letters, junk mail or any other type of Novus Property and Services;
unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt not to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted otherwise disseminate on or through or posted on the Website any Information which violates or infringes the rights of othersMyAccount site harassing, which is unlawfuldefamatory, technologically harmfullibelous, tortious, offensive, threatening, abusive, defamatory, vulgar, obscene, profane obscene or otherwise objectionableunlawful communications or materials of any kind, or materials which encourages conduct infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that would could constitute a criminal offenceoffense, give rise to civil liability or otherwise violate any applicable law.
7.3 If ; (g) not to use any part robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the MyAccount site including, but not limited to, personally identifiable information of Novus Property and Services is copied in accordance with this Agreementany other user of the MyAccount site, you shall keep or the names of customers of Lender or its Affiliates; (h) not to modify, assign, sublicense, sell or prepare derivative works of any materials on the MyAccount site nor to reproduce or publicly display, perform, distribute or otherwise use such materials except as expressly allowed herein; (i) to retain, on all copies of Novus Property any materials downloaded, all copyright, trademark, and Services secured other proprietary notices contained in the materials; (j) not to interfere with the security of, or otherwise abuse, the MyAccount service, or any services, system resources, accounts, servers or networks connected to or accessible through the MyAccount site or affiliated or linked sites; (k) not to disrupt or interfere with any other Person’s use and to maintain accurate and up- to- date records enjoyment of the number MyAccount service or affiliated or linked sites; (l) not to use or attempt to use another’s account, service or system without authorization from Lender to create or use a false identity on the MyAccount service; (m) not to attempt to obtain unauthorized access to the MyAccount service or portions of the MyAccount service which are restricted from general access; and locations of (n) to comply with all such copies and applicable laws that relate to include Novus’s copyright notice its use or activities on all entire and partial copies you make of Novus Property and Services on any mediumthe MyAccount service.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
User Conduct. 7.1 In using and/or accessing Novus Property and Services, you shallThe Borrower agrees:
(a1) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply not to use the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or MyAccount service in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, overburden or impair the MyAccount service; (ii) not to share the Borrower’s Passwords with any other user or compromise Novusprovide access to the MyAccount service or site to any other Person authorized to act on the Borrower’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any behalf. Any employee of the Website ServicesBorrower, or authorized third party (e.g., accounting company) who requires such access, and is approved by the Borrower’s User Administrator, should apply for their own Passwords; and
(giii) not to upload, post, or otherwise transmit through or on the MyAccount site any viruses or other harmful, disruptive or destructive files; (iv) not to knowingly post on the MyAccount service or site information which is untrue, incomplete or inaccurate; (v) not to transmit through or on the MyAccount site “spam”, chain letters, junk mail or any other type of unsolicited mass email to Persons who have not agreed to be part of such mailings; (vi) not to post or cause to be transmitted otherwise disseminate on or through or posted on the Website any Information which violates or infringes the rights of othersMyAccount site harassing, which is unlawfuldefamatory, technologically harmfullibelous, tortious, offensive, threatening, abusive, defamatory, vulgar, obscene, profane obscene or otherwise objectionableunlawful communications or materials of any kind, or materials which encourages conduct infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that would could constitute a criminal offenceoffense, give rise to civil liability or otherwise violate any applicable law.
7.3 If ; (vii) not to use any part robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the MyAccount site including, but not limited to, personally identifiable information of Novus Property and Services is copied in accordance with this Agreementany other user of the MyAccount site, you shall keep or the names of customers of the Lender or its Affiliates; (viii) not to modify, assign, sublicense, sell or prepare derivative works of any materials on the MyAccount site nor to reproduce or publicly display, perform, distribute or otherwise use such materials except as expressly allowed herein; (ix) to retain, on all copies of Novus Property any materials downloaded, all copyright, trademark, and Services secured other proprietary notices contained in the materials; (x) not to interfere with the security of, or otherwise abuse, the MyAccount service, or any services, system resources, accounts, servers or networks connected to or accessible through the MyAccount site or affiliated or linked sites; (xi) not to disrupt or interfere with any other Person’s use and to maintain accurate and up- to- date records enjoyment of the number MyAccount service or affiliated or linked sites; (xii) not to use or attempt to use another’s account, service or system without authorization from the Lender to create or use a false identity on the MyAccount service; (xiii) not to attempt to obtain unauthorized access to the MyAccount service or portions of the MyAccount service which are restricted from general access; and locations (xiv) to comply with all applicable laws that relate to its use or activities on the MyAccount service. [*] Portions of all such copies and this exhibit have been omitted pursuant to include Novus’s copyright notice on all entire and partial copies you make a confidential treatment request. An unredacted version of Novus Property and Services on any mediumthis exhibit has been filed separately with the Commission.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Samples: Loan and Security Agreement (Salient Surgical Technologies, Inc.)
User Conduct. 7.1 In using and/or accessing Novus Property You understand and Services, agree that you shall:
(a) comply are solely responsible for compliance with any and all Applicable Law, including without limitation technology control or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelineslaws, rules, regulations, policiesand Tax obligations that may apply to your use of the Site, instructions Application, Services and procedures Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not: o violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; o use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content; o access or use our Site, Application, Services or the LetFlex API to use, expose, or allow to be used or exposed, any LetFlex Content: (i) that is not publicly displayed by LetFlex in its search results pages or listing pages before a Booking is confirmed; (ii) in any way that is inconsistent with the LetFlex Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of LetFlex’s users or any other third party; o use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies LetFlex endorsement, partnership or otherwise misleads others as to your affiliation with LetFlex; o dilute, tarnish or otherwise harm the LetFlex brand in any way, including through unauthorized use of Collective Content, registering and/or using LetFlex or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to LetFlex domains, trademarks, taglines, promotional campaigns or Collective Content o copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms; o infringe the rights of LetFlex or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right o interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; o use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; o use our Site, Application, Services or Collective Content in connection with the Website and Website Services as imposed distribution of unsolicited commercial email (“spam”) or may be imposed from time advertisements unrelated to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out lodging in this Agreementa private residence; o “stalk” or harass any other user of our Site, you shall not and shall not attempt toApplication, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or Collective Content, or collect or store any part thereof for personally identifiable information about any purposes other user other than for purposes of transacting as an LetFlex Guest or Host; o offer, as a Host, any Office Space that you do not yourself own or have permission to Book as a residential or other property (without limiting the foregoing, you will not list Office Spaces as a Host if you are serving in the capacity of an agent for a third party); o offer, as a Host, any Office Space that may not be Booked pursuant to the terms and conditions of an agreement with a third party; o register for more than one LetFlex Account or register for an LetFlex Account on behalf of an individual other than yourself; o unless LetFlex explicitly permits otherwise, request or book a stay at any Office Space if you will not actually be staying at the Office Space yourself; o contact another Member for any purpose other than asking a question related to a Booking, Office Space, Listing, or the Member’s use of the Site, Application and Services; o recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to LetFlex, without LetFlex’s prior written approval; o recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval; o impersonate any person or entity, or falsify or otherwise misrepresent yourself or your personal use;
(b) affiliation with any person or entity; o use Novus Property automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content; o use the Site, Application, Services or Collective Content to find a Host or Guest and then complete a Booking of an Office Space independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to LetFlex’s provision of the Services or for any other reasons; o as a Host, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor; o violate these Terms or LetFlex’s then-current Policies and Community Guidelines or Standards; o engage in disruptive, circumventive, abusive or harassing behavior in any unlawful mannerarea or aspect of our Platform, for any unlawful purposeApplication, or in Services; o post, upload, publish, submit or transmit any manner inconsistent with this AgreementContent that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or act fraudulently rights of publicity or maliciously, include without limitation by hacking or inserting or transmitting malicious code, virusesprivacy; (ii) violates, or harmful data into the Website or encourages any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offenceviolate, any applicable law or regulation or would give rise to civil liability or otherwise violate any law.
7.3 If any part of Novus Property and Services liability; (iii) is copied in accordance with this Agreementfraudulent, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporationsfalse, contractors, successors and assigns and each shall have the right to assert and enforce such provisions misleading (directly or on Novus ‘s behalf.by omission or failure to update information) or deceptive;
Appears in 1 contract
Samples: Terms of Service
User Conduct. 7.1 In using and/or accessing Novus Property and Services, you shallThe Borrower agrees:
(a1) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply not to use the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or MyAccount service in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, overburden or impair the MyAccount service; (ii) not to share the Borrower’s Passwords with any other user or compromise Novusprovide access to the MyAccount service or site to any other Person authorized to act on the Borrower’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any behalf. Any employee of the Website ServicesBorrower, or authorized third party (e.g., accounting company) who requires such access, and is approved by the Borrower’s User Administrator, should apply for their own Passwords; and
(giii) not to upload, post, or otherwise transmit through or on the MyAccount site any viruses or other harmful, disruptive or destructive files; (iv) not to knowingly post on the MyAccount service or site information which is untrue, incomplete or inaccurate; (v) not to transmit through or on the MyAccount site “spam”, chain letters, junk mail or any other type of unsolicited mass email to Persons who have not agreed to be part of such mailings; (vi) not to post or cause to be transmitted otherwise disseminate on or through or posted on the Website any Information which violates or infringes the rights of othersMyAccount site harassing, which is unlawfuldefamatory, technologically harmfullibelous, tortious, offensive, threatening, abusive, defamatory, vulgar, obscene, profane obscene or otherwise objectionableunlawful communications or materials of any kind, or materials which encourages conduct infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that would could constitute a criminal offenceoffense, give rise to civil liability or otherwise violate any applicable law.
7.3 If ; (vii) not to use any part robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the MyAccount site including, but not limited to, personally identifiable information of Novus Property and Services is copied in accordance with this Agreementany other user of the MyAccount site, you shall keep or the names of customers of the Lender or its Affiliates; (viii) not to modify, assign, sublicense, sell or prepare derivative works of any materials on the MyAccount site nor to reproduce or publicly display, perform, distribute or otherwise use such materials except as expressly allowed herein; (ix) to retain, on all copies of Novus Property any materials downloaded, all copyright, trademark, and Services secured other proprietary notices contained in the materials; (x) not to interfere with the security of, or otherwise abuse, the MyAccount service, or any services, system resources, accounts, servers or networks connected to or accessible through the MyAccount site or affiliated or linked sites; (xi) not to disrupt or interfere with any other Person’s use and to maintain accurate and up- to- date records enjoyment of the number MyAccount service or affiliated or linked sites; (xii) not to use or attempt to use another’s account, service or system without authorization from the Lender to create or use a false identity on the MyAccount service; (xiii) not to attempt to obtain unauthorized access to the MyAccount service or portions of the MyAccount service which are restricted from general access; and locations of (xiv) to comply with all such copies and applicable laws that relate to include Novus’s copyright notice its use or activities on all entire and partial copies you make of Novus Property and Services on any mediumthe MyAccount service.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Samples: Loan and Security Agreement (Salient Surgical Technologies, Inc.)
User Conduct. 7.1 In using and/or accessing Novus Property and ServicesAs a condition of use, you shall:
agree not to use Wido Properties for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) either (a) comply with all Applicable Law, including without limitation technology control take any action or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelinesMake Available any Content on or through Wido Properties that: (i) infringes any patent, rulestrademark, regulationstrade secret, policiescopyright, instructions and procedures in connection with the Website and Website Services as imposed right of publicity or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself other right of any person or by allowing any third party to:
entity; (aii) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, harassing, defamatory, vulgarlibelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, profane offensive, or otherwise objectionableprofane; (iii) constitutes unauthorized or unsolicited advertising, which encourages conduct junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Wido’s prior written consent; (v) impersonates any person or entity, including any employee or representative of Wido; (vi) interferes with or attempt to interfere with the proper functioning of Wido Properties or uses Wido Properties in any way not expressly permitted by this Agreement; (vii) jeopardizes the security of your Wallet or anyone else’s (such as allowing someone else to log in to the Services as you); (viii) attempts, in any manner, to obtain the private key, password, account, or other security information from any other user; (ix) attempts to access another user’s Wallet, private key or other security information on any third-party site or services that would constitute a criminal offenceprovide access to such user’s Wallet or private key on our Services; or (x) attempts to engage in or engage in, give rise any potentially harmful acts that are directed against Wido Properties, including but not limited to civil liability violating or otherwise attempting to violate any lawsecurity features of Wido Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Wido Properties, introducing viruses, worms, or similar harmful code into Wido Properties, or interfering or attempting to interfere with use of Wido Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Wido Properties.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Samples: Terms of Use Agreement
User Conduct. 7.1 In using and/or accessing Novus Hauntu Property and Services, you shall:
(a) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus Hauntu at NovusHauntu’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Hauntu Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Hauntu Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Hauntu Property and Services in anyway or otherwise compromise the integrity of NovusHauntu’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without NovusHauntu’s written approval;
(e) use Novus Hauntu Property and Services in a way that could damage, disable, overburden, impair or compromise NovusHauntu’s systems or security or interfere with other users’ use and enjoyment of Novus Hauntu Property and Services;
(f) collect or harvest any Information from Novus Hauntu Property and Services or NovusHauntu’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
7.3 If any part of Novus Hauntu Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Hauntu Property and Services secured and to maintain accurate and up- to- up-to-date records of the number and locations of all such copies and to include NovusHauntu’s copyright notice on all entire and partial copies you make of Novus Hauntu Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus Hauntu and NovusHauntu’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus Hauntu ‘s behalf.
Appears in 1 contract
Samples: Terms and Conditions
User Conduct. 7.1 In using and/or accessing Novus Property and Services, you shall:
Borrower agrees: (a) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply not to use the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or MyAccount service in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburdenoverburden or impair the MyAccount service; (b) not to share Borrower’s Passwords with any other user or provide access to the MyAccount service or site to any other person authorized to act on Borrower’s behalf. Any employee of Borrower, impair or compromise Novusauthorized third party (e.g., accounting company) who requires such access, and is approved by Borrower’s systems User Administrator, should apply for their own Passwords; (c) not to upload, post, or security otherwise transmit through or interfere with on the MyAccount site any viruses or other users’ use and enjoyment harmful, disruptive or destructive files; (d) not to knowingly post on the MyAccount service or site information which is untrue, incomplete or inaccurate; (e) not to transmit through or on the MyAccount site “spam”, chain letters, junk mail or any other type of Novus Property and Services;
unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt not to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted otherwise disseminate on or through or posted on the Website any Information which violates or infringes the rights of othersMyAccount site harassing, which is unlawfuldefamatory, technologically harmfullibelous, tortious, offensive, threatening, abusive, defamatory, vulgar, obscene, profane obscene or otherwise objectionableunlawful communications or materials of any kind, or materials which encourages conduct infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that would could constitute a criminal offenceoffense, give rise to civil liability or otherwise violate any applicable law.
7.3 If ; (g) not to use any part robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the MyAccount site including, but not limited to, personally identifiable information of Novus Property and Services is copied in accordance with this Agreementany other user of the MyAccount site, you shall keep or the names of customers of Lender or its affiliates; (h) not to modify, assign, sublicense, sell or prepare derivative works of any materials on the MyAccount site nor to reproduce or publicly display, perform, distribute or otherwise use such materials except as expressly allowed herein; (i) to retain, on all copies of Novus Property any materials downloaded, all copyright, trademark, and Services secured other proprietary notices contained in the materials; (j) not to interfere with the security of, or otherwise abuse, the MyAccount service, or any services, system resources, accounts, servers or networks connected to or accessible through the MyAccount site or affiliated or linked sites; (k) not to disrupt or interfere with any other Person’s use and to maintain accurate and up- to- date records enjoyment of the number MyAccount service or affiliated or linked sites; (l) not to use or attempt to use another’s account, service or system without authorization from Lender to create or use a false identity on the MyAccount service; (m) not to attempt to obtain unauthorized access to the MyAccount service or portions of the MyAccount service which are restricted from general access; and locations of (n) to comply with all such copies and applicable laws that relate to include Novus’s copyright notice its use or activities on all entire and partial copies you make of Novus Property and Services on any mediumthe MyAccount service.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Samples: Loan and Security Agreement (Nimblegen Systems Inc)