User Conduct. You acknowledge and agree that your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable 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 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 licensed to Clever Things, LLC in perpetuity, and 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 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 the 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) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to 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 limitations on the use of this Site or the 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. You acknowledge 7.1 In using and/or accessing Novus Property and agree that your use of this Site and the Services found at this SiteServices, including any content you submit, will shall:
(a) comply with this Agreement and all applicable 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 SiteApplicable Law, including without limitation technology control or export laws and regulations that apply to the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and technology used or supported by the trademarks, service marks and logos contained therein Website and/or any Website Services; and
(“Clever Things, LLC Content”), are owned by or licensed to Clever Things, LLC in perpetuity, and 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 “b) comply with all faults” for your information guidelines, rules, regulations, policies, instructions and personalprocedures 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, non-commercial you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use only Novus Property and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, Services or otherwise exploited any part thereof 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 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 the 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 than for your personal use;
(b) literaryuse Novus Property and Services in any unlawful manner, artistic, musicalfor 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 contentusers’ 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, including but not limited 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 photos civil liability or otherwise violate any law.
7.3 If any part of Novus Property and videos (together Services is copied in accordance with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this SiteAgreement, you represent shall keep all copies of Novus Property and warrant Services secured and to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author maintain accurate and up- to- date records of the User Content 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 distribute the same, assert and enforce such provisions directly 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 limitations on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinNovus ‘s behalf.
Appears in 2 contracts
Samples: Terms and Conditions Agreement, Terms and Conditions Agreement
User Conduct. You acknowledge and agree Borrower agrees: (i) not to use the MyAccount service in any manner that your use could damage, disable, overburden 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 this Site and the Services found at this SiteBorrower, including any content you submitor authorized third party (e.g., will comply with this Agreement and all applicable local, state, national and international laws, rulesaccounting company) who requires such access, and regulations. You will is approved by Borrower’s User Administrator, should apply for their own Passwords; (iii) not collect to upload, post, or harvest 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 permit anyone else site information which is untrue, incomplete or inaccurate; (v) not to collect transmit through or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another Useron the MyAccount site “spam”, chain letters, junk mail or any other person type of unsolicited mass email to Persons who have not agreed to be part of such mailings; (vi) not to post or entity without their express prior written consent. Clever Things, LLC reserves otherwise disseminate on or through 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, MyAccount site harassing, defamatory, pornographiclibelous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other material proprietary or property right or that could constitute a criminal offense, give rise to civil liability or otherwise violate any civil or criminal liability under the applicable law; •Promotes(vii) not to use any robot, encouragesspider or other automatic device, or engages in terrorismmanual process to monitor, violence against peopleextract, animalscollect, harvest or property; •Promotescopy the web pages or any data or data fields contained at the MyAccount site including, encouragesbut not limited to, 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 personally identifiable information of any other person user of the MyAccount site, 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)of customers of Administrative Agent or its Affiliates; •You will (viii) not submit content that contains third party advertisingto modify, spamassign, chain letters sublicense, sell or prepare derivative works of 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 materials on the intellectual property rights of another User MyAccount site nor to reproduce or any other person publicly display, perform, distribute or entityotherwise use such materials except as expressly allowed herein; •Violates the privacy or publicity rights of another User or any other person or entity(ix) to retain, 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 on all copies of any software or hardware; •Contains false or deceptive languagematerials downloaded, 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 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 licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / or patent protection other proprietary notices contained in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided materials; (x) not to you “as is”, “as available” and “interfere with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensedthe security of, or otherwise exploited for any purposes whatsoever without abuse, the express prior written consent of Clever Things, LLC. No right or license under any copyright, trademark, patentMyAccount 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 proprietary right Person’s use and enjoyment of the MyAccount service or license is granted by this Agreement. Clever Thingsaffiliated or linked sites; (xii) not to use or attempt to use another’s account, LLC reserves all rights service or system without authorization from Administrative Agent to create or use a false identity on the MyAccount service; (xiii) not expressly granted in and to attempt to obtain unauthorized access to the 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 MyAccount service or portions of the features of this Site or the 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) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you MyAccount service which are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and / or permissions to use, in writing, restricted from the copyright or other owner of the User Content, general access; and (iixiv) you do not violate the rights of any third party. You agree not to circumvent, disable or otherwise interfere comply with the security-related features of this Site or the Services found at this Site (including without limitation those features all applicable laws that prevent or restrict relate to its use or copying of any Clever Things, LLC Content or User Content) or enforce limitations activities on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinMyAccount service.
Appears in 1 contract
Samples: Credit Agreement (Medical Staffing Network Holdings Inc)
User Conduct. You acknowledge 7.1 In using and/or accessing Hauntu Property and agree that your use of this Site and the Services found at this SiteServices, including any content you submit, will shall:
(a) comply with this Agreement and all applicable 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 SiteApplicable Law, including without limitation technology control or export laws and regulations that apply to the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and technology used or supported by the trademarks, service marks and logos contained therein Website and/or any Website Services; and
(“Clever Things, LLC Content”), are owned by or licensed to Clever Things, LLC in perpetuity, and 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 “b) comply with all faults” for your information guidelines, rules, regulations, policies, instructions and personalprocedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Hauntu at Hauntu’s absolute discretion.
7.2 Except as expressly set out in this Agreement, non-commercial you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use only Hauntu Property and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, Services or otherwise exploited any part thereof 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 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 the 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 than for your personal use;
(b) literaryuse Hauntu Property and Services in any unlawful manner, artistic, musicalfor 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 Hauntu Property and Services in anyway or otherwise compromise the integrity of Hauntu’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Hauntu’s written approval;
(e) use Hauntu Property and Services in a way that could damage, disable, overburden, impair or compromise Hauntu’s systems or security or interfere with other contentusers’ use and enjoyment of Hauntu Property and Services;
(f) collect or harvest any Information from Hauntu Property and Services or Hauntu’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, including but not limited 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 photos civil liability or otherwise violate any law.
7.3 If any part of Hauntu Property and videos (together Services is copied in accordance with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this SiteAgreement, you represent shall keep all copies of Hauntu Property and warrant Services secured and to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author maintain accurate and up-to-date records of the User Content number and locations of all such copies and to include Hauntu’s copyright notice on all entire and partial copies you make of Hauntu Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Hauntu and Hauntu’s related corporations, contractors, successors and assigns and each shall have the right to distribute the same, assert and enforce such provisions directly 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 limitations on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinHauntu ‘s behalf.
Appears in 1 contract
Samples: Terms and Conditions
User Conduct. You acknowledge and agree Borrower agrees: (a) not to use the MyAccount service in any manner that your use could damage, disable, overburden 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 this Site and the Services found at this SiteBorrower, including any content you submitor authorized third party (e.g., will comply with this Agreement and all applicable local, state, national and international laws, rulesaccounting company) who requires such access, and regulations. You will is approved by Borrower’s User Administrator, should apply for their own Passwords; (c) not collect to upload, post, or harvest otherwise transmit through or on the MyAccount site any viruses or other harmful, disruptive or destructive files; (d) not to knowingly post on the MyAccount service or permit anyone else site information which is untrue, incomplete or inaccurate; (e) not to collect transmit through or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another Useron the MyAccount site “spam”, chain letters, junk mail or any other person type of unsolicited mass email to people or entity without their express prior written consent. Clever Things, LLC reserves entities who have not agreed to be part of such mailings; (f) not to post or otherwise disseminate on or through 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, MyAccount site harassing, defamatory, pornographiclibelous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other material proprietary or property right or that could constitute a criminal offense, give rise to civil liability or otherwise violate any civil or criminal liability under the applicable law; •Promotes(g) not to use any robot, encouragesspider or other automatic device, or engages in terrorismmanual process to monitor, violence against peopleextract, animalscollect, harvest or property; •Promotescopy the web pages or any data or data fields contained at the MyAccount site including, encouragesbut not limited to, 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 personally identifiable information of any other person user of the MyAccount site, 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)of customers of Lender or its affiliates; •You will (h) not submit content that contains third party advertisingto modify, spamassign, chain letters sublicense, sell or prepare derivative works of 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 materials on the intellectual property rights of another User MyAccount site nor to reproduce or any other person publicly display, perform, distribute or entityotherwise use such materials except as expressly allowed herein; •Violates the privacy or publicity rights of another User or any other person or entity(i) to retain, 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 on all copies of any software or hardware; •Contains false or deceptive languagematerials downloaded, 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 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 licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / or patent protection other proprietary notices contained in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided materials; (j) not to you “as is”, “as available” and “interfere with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensedthe security of, or otherwise exploited for any purposes whatsoever without abuse, the express prior written consent of Clever Things, LLC. No right or license under any copyright, trademark, patentMyAccount 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 proprietary right Person’s use and enjoyment of the MyAccount service or license is granted by this Agreement. Clever Thingsaffiliated or linked sites; (l) not to use or attempt to use another’s account, LLC reserves all rights service or system without authorization from Lender to create or use a false identity on the MyAccount service; (m) not expressly granted in and to attempt to obtain unauthorized access to the 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 MyAccount service or portions of the features of this Site or the 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) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you MyAccount service which are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and / or permissions to use, in writing, restricted from the copyright or other owner of the User Content, general access; and (iin) you do not violate the rights of any third party. You agree not to circumvent, disable or otherwise interfere comply with the security-related features of this Site or the Services found at this Site (including without limitation those features all applicable laws that prevent or restrict relate to its use or copying of any Clever Things, LLC Content or User Content) or enforce limitations activities on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinMyAccount service.
Appears in 1 contract
Samples: Loan and Security Agreement (Nimblegen Systems Inc)
User Conduct. You acknowledge 7.1 In using and/or accessing Breakout Property and agree that your use of this Site and the Services found at this SiteServices, including any content you submit, will shall:
(a) comply with this Agreement and all applicable 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 SiteApplicable Law, including without limitation technology control or export laws and regulations that apply to the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and technology used or supported by the trademarks, service marks and logos contained therein Website and/or any Website Services; and
(“Clever Things, LLC Content”), are owned by or licensed to Clever Things, LLC in perpetuity, and 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 “b) comply with all faults” for your information guidelines, rules, regulations, policies, instructions and personalprocedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Breakout at Breakout’s absolute discretion.
7.2 Except as expressly set out in this Agreement, non-commercial you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use only Breakout Property and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, Services or otherwise exploited any part thereof 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 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 the 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 than for your personal use;
(b) literaryuse Breakout Property and Services in any unlawful manner, artistic, musicalfor 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 Breakout Property and Services in anyway or otherwise compromise the integrity of Breakout’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Breakout’s written approval;
(e) use Breakout Property and Services in a way that could damage, disable, overburden, impair or compromise Breakout’s systems or security or interfere with other contentusers’ use and enjoyment of Breakout Property and Services;
(f) collect or harvest any Information from Breakout Property and Services or Breakout’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, including but not limited 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 photos civil liability or otherwise violate any law.
7.3 If any part of Breakout Property and videos (together Services is copied in accordance with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this SiteAgreement, you represent shall keep all copies of Breakout Property and warrant Services secured and to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author maintain accurate and up-to-date records of the User Content number and locations of all such copies and to include Breakout’s copyright notice on all entire and partial copies you make of Breakout Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Breakout and Breakout’s related corporations, contractors, successors and assigns and each shall have the right to distribute the same, assert and enforce such provisions directly 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 limitations on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinBreakout ‘s behalf.
Appears in 1 contract
Samples: Terms and Conditions
User Conduct. As a condition of use, you agree not to use Company Properties for any purpose that is prohibited by this Agreement or by applicable law. You acknowledge shall not (and agree that your use shall not permit any third party) to either (a) take any action or (b) Make Available any Content on or through Company Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of this Site and the Services found at this Sitepublicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, misleading, false, defamatory, libelous, pornographic, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or racially, ethnically, 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 content you submitemployee 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, will comply interferes with this Agreement and all applicable 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 Userthe 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 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 information concerning 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 the textphotographs of others, softwarepersonal contact information or credit card, scriptsdebit 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, source codethird party rights or our systems, 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 licensed to Clever Things, LLC in perpetuity, and 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, licensedpolicies, or otherwise exploited for any purposes whatsoever without the express prior written consent determinations 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 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 the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), your account status; or (bxiv) literaryattempts to engage in or engages in, artistic, musical, or other contentany potentially harmful acts that are directed against Company Properties, including but not limited to photos and videos (together with User Submissionsviolating or attempting to violate any security features of Company Properties, using manual or automated software or other means to access, “User Content”). By posting scrape,” “crawl” or publishing User Content to this Site or to the Services found at this Site“spider” any pages contained in Company Properties, you represent and warrant to Clever Thingsintroducing viruses, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the sameworms, or because you have the appropriate distribution rightssimilar harmful code into Company Properties, licenses, consents, and / or permissions interfering or attempting 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 limitations on the use of this Site Company Properties by any other user, host or the Services found at this Sitenetwork, the Clever Thingsincluding by means of overloading, LLC Content “flooding,” “spamming,” “mail bombing,” or the User Content therein“crashing” Company Properties.
Appears in 1 contract
Samples: Terms of Service Agreement
User Conduct. You acknowledge and agree The Borrower agrees:
(1) not to use the MyAccount service in any manner that your use could damage, disable, overburden or impair the MyAccount service; (ii) not to share the Borrower’s Passwords with any other user or provide access to the MyAccount service or site to any other Person authorized to act on the Borrower’s behalf. Any employee of this Site and the Services found at this SiteBorrower, including any content you submitor authorized third party (e.g., will comply with this Agreement and all applicable local, state, national and international laws, rulesaccounting company) who requires such access, and regulations. You will is approved by the Borrower’s User Administrator, should apply for their own Passwords; (iii) not collect to upload, post, or harvest 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 permit anyone else site information which is untrue, incomplete or inaccurate; (v) not to collect transmit through or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another Useron the MyAccount site “spam”, chain letters, junk mail or any other person type of unsolicited mass email to Persons who have not agreed to be part of such mailings; (vi) not to post or entity without their express prior written consent. Clever Things, LLC reserves otherwise disseminate on or through 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, MyAccount site harassing, defamatory, pornographiclibelous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other material proprietary or property right or that could constitute a criminal offense, give rise to civil liability or otherwise violate any civil or criminal liability under the applicable law; •Promotes(vii) not to use any robot, encouragesspider or other automatic device, or engages in terrorismmanual process to monitor, violence against peopleextract, animalscollect, harvest or property; •Promotescopy the web pages or any data or data fields contained at the MyAccount site including, encouragesbut not limited to, 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 personally identifiable information of any other person user of the MyAccount site, 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)of customers of the Lender or its Affiliates; •You will (viii) not submit content that contains third party advertisingto modify, spamassign, chain letters sublicense, sell or prepare derivative works of 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 materials on the intellectual property rights of another User MyAccount site nor to reproduce or any other person publicly display, perform, distribute or entityotherwise use such materials except as expressly allowed herein; •Violates the privacy or publicity rights of another User or any other person or entity(ix) to retain, 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 on all copies of any software or hardware; •Contains false or deceptive languagematerials downloaded, 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 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 licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / or patent protection other proprietary notices contained in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided materials; (x) not to you “as is”, “as available” and “interfere with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensedthe security of, or otherwise exploited for any purposes whatsoever without abuse, the express prior written consent of Clever Things, LLC. No right or license under any copyright, trademark, patentMyAccount 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 proprietary right Person’s use and enjoyment of the MyAccount service or license is granted by this Agreement. Clever Thingsaffiliated or linked sites; (xii) not to use or attempt to use another’s account, LLC reserves all rights service or system without authorization from the Lender to create or use a false identity on the MyAccount service; (xiii) not expressly granted in and to attempt to obtain unauthorized access to the 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 MyAccount service or portions of the features of this Site or the 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) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you MyAccount service which are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and / or permissions to use, in writing, restricted from the copyright or other owner of the User Content, general access; and (iixiv) you do not violate the rights of any third party. You agree not to circumvent, disable or otherwise interfere comply with the security-related features of this Site or the Services found at this Site (including without limitation those features all applicable laws that prevent or restrict relate to its use or copying of any Clever Things, LLC Content or User Content) or enforce limitations activities on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinMyAccount service.
Appears in 1 contract
Samples: Loan and Security Agreement (Salient Surgical Technologies, Inc.)
User Conduct. You acknowledge and agree Each Borrower agrees: (a) not to use the MyAccount service in any manner that your use could damage, disable, overburden 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 this Site and the Services found at this Siteany Borrower, including any content you submitor authorized third party (e.g., will comply with this Agreement and all applicable local, state, national and international laws, rulesaccounting company) who requires such access, and regulations. You will is approved by such Borrower’s User Administrator, should apply for their own Passwords; (c) not collect to upload, post, or harvest otherwise transmit through or on the MyAccount site any viruses or other harmful, disruptive or destructive files; (d) not to knowingly post on the MyAccount service or permit anyone else site information which is untrue, incomplete or inaccurate; (e) not to collect transmit through or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another Useron the MyAccount site “spam”, chain letters, junk mail or any other person type of unsolicited mass email to people or entity without their express prior written consent. Clever Things, LLC reserves entities who have not agreed to be part of such mailings; (f) not to post or otherwise disseminate on or through 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, MyAccount site harassing, defamatory, pornographiclibelous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other material proprietary or property right or that could constitute a criminal offense, give rise to civil liability or otherwise violate any civil or criminal liability under the applicable law; •Promotes(g) not to use any robot, encouragesspider or other automatic device, or engages in terrorismmanual process to monitor, violence against peopleextract, animalscollect, harvest or property; •Promotescopy the web pages or any data or data fields contained at the MyAccount site including, encouragesbut not limited to, 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 personally identifiable information of any other person user of the MyAccount site, 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)of customers of Lender or its Affiliates; •You will (h) not submit content that contains third party advertisingto modify, spamassign, chain letters sublicense, sell or prepare derivative works of 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 materials on the intellectual property rights of another User MyAccount site nor to reproduce or any other person publicly display, perform, distribute or entityotherwise use such materials except as expressly allowed herein; •Violates the privacy or publicity rights of another User or any other person or entity(i) to retain, 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 on all copies of any software or hardware; •Contains false or deceptive languagematerials downloaded, 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 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 licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / or patent protection other proprietary notices contained in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided materials; (j) not to you “as is”, “as available” and “interfere with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensedthe security of, or otherwise exploited for any purposes whatsoever without abuse, the express prior written consent of Clever Things, LLC. No right or license under any copyright, trademark, patentMyAccount 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 proprietary right Person’s use and enjoyment of the MyAccount service or license is granted by this Agreement. Clever Thingsaffiliated or linked sites; (l) not to use or attempt to use another’s account, LLC reserves all rights service or system without authorization from Lender to create or use a false identity on the MyAccount service; (m) not expressly granted in and to attempt to obtain unauthorized access to the 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 MyAccount service or portions of the features of this Site or the 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) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you MyAccount service which are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and / or permissions to use, in writing, restricted from the copyright or other owner of the User Content, general access; and (iin) you do not violate the rights of any third party. You agree not to circumvent, disable or otherwise interfere comply with the security-related features of this Site or the Services found at this Site (including without limitation those features all applicable laws that prevent or restrict relate to its use or copying of any Clever Things, LLC Content or User Content) or enforce limitations activities on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinMyAccount service.
Appears in 1 contract
User Conduct. You acknowledge and agree The Borrower agrees:
(1) not to use the MyAccount service in any manner that your use could damage, disable, overburden or impair the MyAccount service; (ii) not to share the Borrower’s Passwords with any other user or provide access to the MyAccount service or site to any other Person authorized to act on the Borrower’s behalf. Any employee of this Site and the Services found at this SiteBorrower, including any content you submitor authorized third party (e.g., will comply with this Agreement and all applicable local, state, national and international laws, rulesaccounting company) who requires such access, and regulations. You will is approved by the Borrower’s User Administrator, should apply for their own Passwords; (iii) not collect to upload, post, or harvest 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 permit anyone else site information which is untrue, incomplete or inaccurate; (v) not to collect transmit through or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another Useron the MyAccount site “spam”, chain letters, junk mail or any other person type of unsolicited mass email to Persons who have not agreed to be part of such mailings; (vi) not to post or entity without their express prior written consent. Clever Things, LLC reserves otherwise disseminate on or through 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, MyAccount site harassing, defamatory, pornographiclibelous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other material proprietary or property right or that could constitute a criminal offense, give rise to civil liability or otherwise violate any civil or criminal liability under the applicable law; •Promotes(vii) not to use any robot, encouragesspider or other automatic device, or engages in terrorismmanual process to monitor, violence against peopleextract, animalscollect, harvest or property; •Promotescopy the web pages or any data or data fields contained at the MyAccount site including, encouragesbut not limited to, 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 personally identifiable information of any other person user of the MyAccount site, 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)of customers of the Lender or its Affiliates; •You will (viii) not submit content that contains third party advertisingto modify, spamassign, chain letters sublicense, sell or prepare derivative works of 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 materials on the intellectual property rights of another User MyAccount site nor to reproduce or any other person publicly display, perform, distribute or entityotherwise use such materials except as expressly allowed herein; •Violates the privacy or publicity rights of another User or any other person or entity(ix) to retain, 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 on all copies of any software or hardware; •Contains false or deceptive languagematerials downloaded, 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 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 licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / or patent protection other proprietary notices contained in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided materials; (x) not to you “as is”, “as available” and “interfere with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensedthe security of, or otherwise exploited for any purposes whatsoever without abuse, the express prior written consent of Clever Things, LLC. No right or license under any copyright, trademark, patentMyAccount 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 proprietary right Person’s use and enjoyment of the MyAccount service or license is granted by this Agreement. Clever Thingsaffiliated or linked sites; (xii) not to use or attempt to use another’s account, LLC reserves all rights service or system without authorization from the Lender to create or use a false identity on the MyAccount service; (xiii) not expressly granted in and to attempt to obtain unauthorized access to the 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 MyAccount service or portions of the features MyAccount service which are restricted from general access; and (xiv) to comply with all applicable laws that relate to its use or activities on the MyAccount service. [*] Portions of this Site or the Services found at exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to 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 exhibit has been filed separately 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 limitations on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinCommission.
Appears in 1 contract
Samples: Loan and Security Agreement (Salient Surgical Technologies, Inc.)
User Conduct. You acknowledge understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of this Site and the Services found at this Site, including Application, Services and 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 content you submit, will comply with this Agreement and all applicable local, state, national and international lawsprovincial, rulesnational, and regulations. You will not collect or harvest (other law or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another Userregulation, 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 person means or entity without their express prior written consent. Clever Thingsprocesses to access, LLC reserves “scrape,” “crawl” or “spider” any web pages or other services contained in the right to remove any content it deems as inappropriate. You will not Site, Application, Services or Collective Content; o access or use this Site our Site, Application, Services or the Services found at this 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, through content Application, Services or hyperlinks, 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 determined by Clever Thingsto your affiliation with LetFlex; o dilute, LLC tarnish or otherwise harm the LetFlex brand in its sole and absolute discretion) that: •Promotesany way, encouragesincluding 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 engages in an illegal activityregistering 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; •Promotes, encourages, or engages in child pornography o infringe the rights of LetFlex or the exploitation rights 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, 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 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 concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or breaches credit, debit, calling card or account numbers; o use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence; o “stalk” or harass any duty other user of confidentiality our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an LetFlex Guest or Host; o offer, as a Host, any Office Space that you owe 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 User 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 affiliation with any person or entity; •Interferes o use automated scripts to collect information from or otherwise interact with the operation 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 this Site 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 found at this Siteor for any other reasons; •Contains o as a Host, submit any Listing with false or installs any virusesmisleading information, worms, bugs, Trojan horses or other code, files or programs designed toincluding price information, or capable ofsubmit 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, disruptingcircumventive, damaging abusive or limiting the functionality harassing behavior in any area or aspect of any software or hardware; •Contains false or deceptive languageour Platform, Application, or unsubstantiated or comparative claims, regarding Clever Things, LLC or Clever Things, LLC’s Services; •You will not copy o post, upload, publish, submit or distribute in transmit any medium any part of this Site Content that: (i) infringes, misappropriates or the Services found at this Siteviolates a third party’s patent, 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 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 licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / trade secret, moral rights 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, licensedrights, or otherwise exploited for any purposes whatsoever without the express prior written consent rights of Clever Things, LLC. No right publicity 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 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 the 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) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to 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 privacy; (ii) you do not violate the rights of violates, or encourages any third party. You agree not conduct that would violate, any applicable law or regulation or would give rise to circumventcivil liability; (iii) is fraudulent, disable false, misleading (directly or otherwise interfere with the security-related features of this Site by omission 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 Contentfailure to update information) or enforce limitations on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content therein.deceptive;
Appears in 1 contract
Samples: Terms of Service
User Conduct. You acknowledge A. User shall use xxx.xxxxxxxxxxx.xxx for lawful purposes only. User shall not post or transmit through xxx.xxxxxxxxxxx.xxx any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, 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.
B. xxx.xxxxxxxxxxx.xxx contains copyrighted material, trademarks and agree that your use of this Site other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the Services found at this Siteentire contents of xxx.xxxxxxxxxxx.xxx are copyrighted as a collective work under theU United States copyright laws. PFP owns a copyright in the selection, including 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 content you submitway exploit, any of the 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 comply be permitted without the express permission of PFP and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
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 this Agreement and all applicable localUser. User shall be solely liable for any damage resulting from any infringement of copyrights, 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 Userproprietary rights, or any other person harm resulting from such a submission. By submitting material to any public area of xxx.xxxxxxxxxxx.xxx, User automatically grants, or entity without their express prior written consentwarrants 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. Clever ThingsUser also permits any other User to access, LLC reserves view, store or reproduce the material for that User's personal use. User hereby grants PFP the right to remove edit, copy, publish and distribute any content it deems as inappropriate. You will not use this Site or material made available on xxx.xxxxxxxxxxx.xxx by User.
D. The foregoing provisions of Section 5 are for the Services found at this Sitebenefit of PFP, through content or hyperlinksits subsidiaries, in a manner (as determined by Clever Things, LLC in affiliates and 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 providers 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 licensors 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 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 licensed to Clever Things, LLC in perpetuity, and 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 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 the 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) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and each shall have the right to distribute the same, assert and enforce such provisions directly 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 limitations on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinits own behalf.
Appears in 1 contract
Samples: Terms of Use
User Conduct. You acknowledge The Products and agree all 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 may not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign to any third party the Products or Content. When using the Products, you may not:
a. decompile, decipher, disassemble, translate, modify, reverse engineer or otherwise attempt to access the source code of the Products or Content, except where permitted by law notwithstanding this limitation;
b. remove any proprietary notices on the Products or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Products or Content;
c. upload to the Products the personal information of others that your you are not authorized to provide or otherwise provide any content, data or information to Boxlight that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, 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, or to develop applications, services, websites, or any other functionalities that leverage the Products or Content;
f. infringe or misappropriate the intellectual property, proprietary or privacy rights of any third party;
g. interfere with or disrupt the proper functioning of the 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 this Site and the Services found at this Site, including Products or Content that violates any content you submit, will comply with this Agreement and all applicable local, state, national national, international or foreign law including U.S. and international lawsforeign export regulations and restrictions;
k. fail to use commercially reasonable efforts to prevent the unauthorized license, rulesaccess, sale, transfer, lease, transmission, distribution or other disclosure of 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 regulations. You will not collect or harvest (or permit anyone else user keys) of someone other than the individual identified in the Account information; or
m. cause damage to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another UserBoxlight’s business, reputation, employees, members, facilities, or to any other person or entity without their express prior written consentlegal entity. Clever ThingsAny scraping, 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, encouragesautomated access, or engages other unauthorized access to and storage of Products or Content will result in an illegal activity; •Promotes, encourages, or engages in child pornography or the exploitation immediate termination 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 respectProducts, 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 your account. Use of the loss of Online Services or Content for 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 purpose other than what is described 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 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 licensed to Clever Things, LLC in perpetuity, and 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 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 the 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) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to 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 limitations on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinprohibited.
Appears in 1 contract
Samples: End User License Agreement
User Conduct. You acknowledge and agree that your use of this While using the Site and the Services found at this SiteServices, including you agree not to: • impersonate any content you submit, will comply with this Agreement and all applicable 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 misrepresent your access to the forums and other users affiliation 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 • attempt to gain unauthorized access to other computer systems through the privacy Site; • obtain or publicity rights of another User attempt to obtain unauthorized access to computer systems, materials, information or any other person Services made available on or entity, or breaches through the Site through any duty of confidentiality that you owe to another User or any other person or entitymeans; •Interferes with • use the operation of this Site or the Services found at this Site; •Contains or installs features in violation of Xxx Xxxxxxx'x or any viruses, worms, bugs, Trojan horses third party's intellectual property or other codeproprietary, files personal or programs designed to, or capable of, disrupting, damaging or limiting legal rights; • use 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 Sitein violation of any applicable law; • attempt (or encourage or support anyone else's attempt) to circumvent, except where expressly authorized by Clever Thingsreverse engineer, LLC; •You will not modify decrypt, or otherwise alter any part of this or interfere with the Site or the Services found at this Services, or any content thereof, or make unauthorized use thereof; • use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of its related technologiesthe Site; •You will not access Clever Things, LLC Content • obtain or User Content attempt to obtain any materials or information through any technology means not intentionally made publicly available or means other than provided for through this Site itselfthe Site. 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, or as Clever ThingsTHE SITE'S CONTENT, LLC may designate; •You agree to back-up all of your User Content so that you can access and use it when neededAND THE SERVICE AT YOUR OWN RISK. Clever ThingsTHE 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, LLC does not warrant that it backs-up any Account or User ContentCORRECTIONS, 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 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 licensed to Clever Things, LLC in perpetuity, and 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 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 the 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) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to 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 limitations on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinAND/OR IMPROVEMENTS TO THE SITE AND THE SERVICE AT ANY TIME WITHOUT NOTICE.
Appears in 1 contract
Samples: Website Terms of Use
User Conduct. You acknowledge and As a condition of use, you agree not to use CircleIn Properties for any purpose that your use of this Site and is prohibited by the Services found at this Site, including any content you submit, will comply with this Agreement and all Terms or by applicable local, state, national and international laws, rules, and regulationslaw. You will shall not collect (and shall not permit any third-party) either (a) to take any action or harvest (b) Make Available any Content on or permit anyone else to collect through CircleIn Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or harvestother right of any person or entity; (ii) any User Content (as defined below) or any non-public or personally identifiable information about another Useris unlawful, threatening, abusive, harassing, bullying, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or any other person profane; (iii) constitutes unauthorized or entity unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without their express CircleIn’s prior written consent. Clever Things, LLC reserves the right to remove any content it deems such as inappropriate. You will not use this Site or the Services found at this Sitecontests, through content or hyperlinkssweepstakes, in a manner (as determined by Clever Thingsbarter, LLC in its sole and absolute discretion) that: •Promotes, encouragesadvertising, or engages in an illegal activitypyramid schemes; •Promotes, encourages, or engages in child pornography or the exploitation of children; •Posting or transmitting to or from our web sites (v) impersonates 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, including any employee or submit content on behalf representative of any other person CircleIn; (vi) interferes with or entity without their express prior written consent; •You will treat your access attempts 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 interfere with the operation proper functioning of this Site CircleIn Properties 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 uses CircleIn Properties 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 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 licensed to Clever Things, LLC in perpetuity, and 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 way not expressly granted in and to permitted by the 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 the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), Terms; or (bvii) literaryto attempt or engage in, artistic, musical, or other contentany potentially harmful acts that are directed against CircleIn Properties, including but not limited to photos and videos (together with User Submissionsviolating or attempting to violate any security features of CircleIn Properties, using manual or automated software or other means to access, “User Content”). By posting scrape,” “crawl” or publishing User Content to this Site or to the Services found at this Site“spider” any pages contained in CircleIn Properties, you represent and warrant to Clever Thingsintroducing viruses, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the sameworms, or because you have the appropriate distribution rightssimilar harmful code into CircleIn Properties, licenses, consents, and / or permissions interfering or attempting 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 limitations on the use of this Site CircleIn Properties by any other user, host or the Services found at this Sitenetwork, the Clever Thingsincluding by means of overloading, LLC Content “flooding,” “spamming,” “mail bombing”, or the User Content therein“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.
Appears in 1 contract
Samples: Terms of Use
User Conduct. You acknowledge (a) In connection with your access and agree use of the website or the Service and that of any person authorized by you to access and use the website or the Service, you are 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 this Site and the Services found at this Sitewebsite or the Service, including any content neither you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations. You will not collect or harvest (nor the Company may cause or permit anyone else any person to collect or harvestdo any of the following:
(i) any User Content (as defined below) use the website, the Service or any non-public Content for any unlawful purpose;
(ii) use the website or personally identifiable information about another Userthe Service to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
(iii) impose an unreasonably or disproportionately large load on the website or the Service or otherwise interfere with or inhibit any other person or entity without their express prior written consent. Clever Things, LLC reserves user of the right to remove any content it deems as inappropriate. You will not use this Site website or the Services found at this Site, through content Service from using 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 enjoying the website or the exploitation of children; •Posting Service;
(iv) use the website or transmitting the Service to post or from our web sites transmit any unlawful, obscenefraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, bullyingabusive, hateful, offensive, 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 otherwise objectionable information of any other person kind;
(v) use the website or entity without their express prior written consent; •You will treat your access the Service to the forums and other users with respect, and not post content that or transmit any information which 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 invasive of Clever Things, LLCanother’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 or that otherwise violates or infringes in any way upon the rights of another User others;
(vi) use the website or the Service to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other person unsolicited commercial communication;
(vii) violate any code 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.
(b) If you do open an account for a company, organization, or other entity, or breaches any duty of confidentiality then "you" includes you and 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 promise that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you do hereby agree to accept as these Terms on the entity's behalf.
(c) You are prohibited from using the website if we have previously disabled your account for violations of our terms or policies.
(d) If you have not logged into your account for 365 days, we reserve the right to 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 risk human person, we reserve the loss of any right to delete your account.
(f) If you download or use our software, you give us permission to download and all of your User Content; •You will not re-sell or provide the Services for a commercial purposeinstall upgrades, 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 toupdates, and do not have the effect ofadditional features to improve, 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 Siteenhance, and the Services found at this Site, including without limitation 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 licensed to Clever Things, LLC in perpetuity, and 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 lawsfurther develop it. 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 Clever Things, LLC Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership Violation of any of these rights. Some Terms may result in termination of the features of this Site or the 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) literary, artistic, musical, or other content, including but not limited to photos your Account and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or access to the Services found website and the Service at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have any time without notice. We retain the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and / or permissions to usedetermine, in writingour sole discretion, from what further action may be taken in the copyright or other owner of the User Content, and (ii) you do not violate the rights event of any third party. You agree not to circumvent, disable discovered or otherwise interfere with the security-related features reported violation 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 limitations on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinAgreement.
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User Conduct. You acknowledge and agree that You are responsible for your own conduct and User Content while using the Site and/or Company Services (including any Games) and for any consequences thereof. You agree to use of this Site Company Services (including any Games) and the Services found at this SiteSite only for purposes that are legal, including any content you submit, will comply proper and in accordance with this the Agreement and all any applicable locallaws, state, national and international lawsregulations, rules, policies or guidelines. By way of example, and regulations. not as a limitation, You agree that when using Company Services (including any Games) and the Site, You will not collect not: defame, abuse, harass, stalk, spam, threaten or harvest otherwise violate the legal rights (such as rights of privacy and publicity) of others; upload, post, display, transmit or permit anyone else to collect otherwise Share any inappropriate, defamatory, libelous, infringing, obscene, or harvest) unlawful User Content; upload, post, display, transmit or otherwise Share any User Content (as defined below) that infringes, misappropriates or violates any patent, trademark, copyright, trade secret or other proprietary right or privacy right of any party; upload, post, display, transmit or otherwise Share messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, the Agreement or any non-public applicable policies or personally identifiable information about guidelines; conduct any advertising or commercial activity on or through the Company Service without the prior written permission of Company; use Company Services or the Site for any illegal or unauthorized purpose; download any file posted by another Userthat You know, or any other person or entity without their express prior written consent. Clever Thingsreasonably should know, LLC reserves the right to remove any content it deems as inappropriate. You will cannot use this Site or the Services found at this Site, through content or hyperlinks, be legally distributed in a manner (as determined by Clever Things, LLC in its sole and absolute discretion) that: •Promotes, encourages, or engages in an illegal activitysuch manner; •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 another person or entity, or submit content on behalf falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; restrict or inhibit any other person user from using and enjoying Company Services or entity without their express prior written consentthe Site; •You will treat modify, adapt, appropriate, reproduce, distribute, translate, reverse engineer, create derivative works of, publicly display, sell, trade, or exploit the Company Services or Site (including any Company Materials or User Content (other than your own User Content)), except as expressly authorized by Company; remove or modify any copyright, trademark or other proprietary rights notices contained in or on the Company Services or the Site; interfere with or disrupt (or 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 parts of) the Company Services or any of Clever Things, LLC’s employees the Site or customers (including servers or networks connected to the names and contact information); •You will not submit content that contains third party advertising, spam, chain letters Company Services 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 legislationSite, or promotesdisobey any requirements, encourages procedures, policies or engages in regulations of networks connected to 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 Company Services or the Services found at this Site; •Contains or installs use any virusesrobot, wormsspider, 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 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 licensed to Clever Things, LLC in perpetuity, and 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, patentsite search/retrieval application, or other proprietary right device to retrieve or license is granted by this Agreement. Clever Things, LLC reserves all rights not expressly granted in and to index any portion of Company Services or the 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 the 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) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing collect information about users for any unauthorized purpose; submit User Content to this Site that falsely expresses or to the Services found at this Site, you represent and warrant to Clever Things, LLC implies that (i) you have all necessary rights to distribute such User Content via this Site is sponsored or via the Services found at this Siteendorsed by Company; create user accounts by automated means or under false or fraudulent pretenses; remove, either because you are the author of the User Content and have the right to 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 disable, damage or otherwise interfere with the any security-related features of this the Site or the Services found at this Site (including without limitation those Company Services, features that prevent or restrict the use or of copying of any Clever Things, LLC Content the Site or User Content) Company Services or features that enforce limitations on the use of this the Site or Company Services; promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or transmit, submit links to, upload, post, provide or otherwise Share any viruses, worms, defects, Trojan horses, or any items of a destructive or malicious nature. International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the Services found at this Site, export of data to the Clever Things, LLC Content United States or the User Content thereinyour country of residence.
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Samples: Terms of Service
User Conduct. You acknowledge and agree Borrowers agree: (a) not to use the MyAccount service in any manner that your use could damage, disable, overburden 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 this Site and the Services found at this SiteBorrowers, including any content you submitor authorized third party (e.g., will comply with this Agreement and all applicable local, state, national and international laws, rulesaccounting company) who requires such access, and regulations. You will is approved by Borrowers’ User Administrator, should apply for their own Passwords; (c) not collect to upload, post, or harvest otherwise transmit through or on the MyAccount site any viruses or other harmful, disruptive or destructive files; (d) not to knowingly post on the MyAccount service or permit anyone else site information which is untrue, incomplete or inaccurate; (e) not to collect transmit through or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another Useron the MyAccount site “spam”, chain letters, junk mail or any other person type of unsolicited mass email to people or entity without their express prior written consent. Clever Things, LLC reserves entities who have not agreed to be part of such mailings; (f) not to post or otherwise disseminate on or through 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, MyAccount site harassing, defamatory, pornographiclibelous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other material proprietary or property right or that could constitute a criminal offense, give rise to civil liability or otherwise violate any civil or criminal liability under the applicable law; •Promotes(g) not to use any robot, encouragesspider or other automatic device, or engages in terrorismmanual process to monitor, violence against peopleextract, animalscollect, harvest or property; •Promotescopy the web pages or any data or data fields contained at the MyAccount site including, encouragesbut not limited to, 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 personally identifiable information of any other person user of the MyAccount site, 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)of customers of Lender or its Affiliates; •You will (h) not submit content that contains third party advertisingto modify, spamassign, chain letters sublicense, sell or prepare derivative works of 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 materials on the intellectual property rights of another User MyAccount site nor to reproduce or any other person publicly display, perform, distribute or entityotherwise use such materials except as expressly allowed herein; •Violates the privacy or publicity rights of another User or any other person or entity(i) to retain, 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 on all copies of any software or hardware; •Contains false or deceptive languagematerials downloaded, 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 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 licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / or patent protection other proprietary notices contained in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided materials; (j) not to you “as is”, “as available” and “interfere with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensedthe security of, or otherwise exploited for any purposes whatsoever without abuse, the express prior written consent of Clever Things, LLC. No right or license under any copyright, trademark, patentMyAccount 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 proprietary right Person’s use and enjoyment of the MyAccount service or license is granted by this Agreement. Clever Thingsaffiliated or linked sites; (l) not to use or attempt to use another’s account, LLC reserves all rights service or system without authorization from Lender to create or use a false identity on the MyAccount service; (m) not expressly granted in and to attempt to obtain unauthorized access to the 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 MyAccount service or portions of the features of this Site or the 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) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you MyAccount service which are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and / or permissions to use, in writing, restricted from the copyright or other owner of the User Content, general access; and (iin) you do not violate the rights of any third party. You agree not to circumvent, disable or otherwise interfere comply with the security-related features of this Site or the Services found at this Site (including without limitation those features all applicable laws that prevent or restrict relate to its use or copying of any Clever Things, LLC Content or User Content) or enforce limitations activities on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinMyAccount service.
Appears in 1 contract
User Conduct. 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 the Platform, and for any consequences thereof. You acknowledge agree to use the App only for purposes that are legal, proper and agree that your 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 (via the use of this Site and an email address or otherwise); 5) upload, post, transmit or otherwise make available through the Services found at this Site, including Platform any content you submitthat infringes the intellectual proprietary rights of any party; 6) operate to defraud the Platform, will comply with this Agreement and all applicable 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 Userother users, or any other person or entity 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 their express prior written limitation, financing terrorism, tax evasion or money laundering); 9) interfere with another 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 email addresses, without proper consent; ; 10) exploit the Platform for any unauthorized commercial purpose; 11) modify, adapt, translate, or 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 contains any hate-related or violent content or pornographic content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; 15) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its users for any 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. Clever Things⚫ Users agree to report suspicious market activity: Users agree to report suspicious market activity of other Users. If a User suspects that one or more Users on the Platform are in violation of the Agreement, LLC 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 remove any content it deems as inappropriate. You will not use this Site completely or the Services found at this Site, through content partially restrict or hyperlinks, in revoke 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 User’s access to the forums and Site for violating the Agreement. The Platform reserves the right to amend, rectify, edit, or otherwise alter Market transaction data to mitigate market harm caused by a User’s violation of the Agreement. ⚫ Users release the platform from claims arising from other users with respectusers’ violations of the agreement: Users irrevocably release, acquit, and not post content that is off-topic to a forum; •You will not submit content that provides any non-public information about another userforever discharge the Platform and its subsidiaries, Clever Thingsaffiliates, 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 Contentofficers, and you agree to accept as a risk the loss of successors for and against any and all past or future causes of your User Content; •You will not re-sell or provide the Services for a commercial purposeaction, 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 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 licensed to Clever Things, LLC in perpetuity, and 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, licensedsuits, or otherwise exploited for any purposes whatsoever without the express prior written consent controversies arising out 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 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 another User’s violation of the features of this Site or the 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) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to 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 limitations on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinAgreement.
Appears in 1 contract
Samples: NFT Service Agreement
