Common use of User Representations Clause in Contracts

User Representations. You hereby represent and warrant to Tencap Tennis that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19 or 21 years of age depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence or (iii) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to Tencap Tennis is truthful, accurate and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to Tencap Tennis or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Web Site; (d) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Web Site or any part thereof; (e) you have provided and will maintain accurate and complete registration information with Tencap Tennis, including, without limitation, your legal name, address, email address, and any other information Tencap Tennis may reasonably require; (f) your access to and use of the Web Site or any part thereof and/or purchase and use of any products or services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (g) you will immediately notify Tencap Tennis in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person; and (h) if you purport to be the agent of, represent or otherwise act on behalf of an Organization, entity or any other person, that you are in fact an authorized representative of such Organization, entity or other person. In the event that you post any User Content via the Web Site, you hereby make the following additional representations and warranties to Tencap Tennis: (1) you are owner of such User Content or otherwise have the right to grant Tencap Tennis the licenses granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties' rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true and accurate. Prohibited Uses You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Web Site or any part thereof or any Content that you may purchase via the Web Site, which includes, without limitation: (a) use of the Web Site to post or store material or information that, is or to a reasonable person may be unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another's privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use of the Web Site to post or store Content, files, graphics, software or other material or information that actually or potentially infringe the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Web Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site or any other computer network; (d) use of the Web Site to post or store viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use of the Web Site to post, store or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation (including, without limitation, using the Web Site to send unsolicited commercial or promotional messages to other parties, and using the Web Site to connect to people who do not know you and then sending them unsolicited commercial or promotional messages without their permission); (f) forging headers or otherwise manipulating identifiers in order to disguise the source or origin of any communications transmitted through the Web Site; (g) use of any manual or automated software, devices or other processes to "crawl" or "spider" any web pages contained in the Web Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Web Site); (h) framing or otherwise simulating the appearance or functions of the Web Site or any portion thereof; (i) harvesting or otherwise collecting any information about other Users, including, without limitation, email addresses or other contact information of other Users; (j) alter the account information of a user or alter User Content posted by a user when you have not been granted privileges to do so; and (k) use of the Web Site to engage in any activity that, as determined by Tencap Tennis, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use.

Appears in 1 contract

Samples: tennis.tencapsports.com

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User Representations. You hereby represent and warrant to Tencap Tennis RAZ Mobile that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19 or 21 years of age depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence residence, or (iii) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to Tencap Tennis RAZ Mobile is truthful, accurate and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to Tencap Tennis RAZ Mobile or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services for Payments processed via the Web SiteDonor Services and the Website; (d) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Web Site Website, the Donor Services, Content or any part thereof; (e) you have provided and will maintain accurate and complete registration information with Tencap TennisRAZ Mobile, including, without limitation, your legal name, address, email address, address and any other information Tencap Tennis RAZ Mobile may reasonably require; (f) your access to and use of the Web Site Website, the Donor Services or any part thereof and/or purchase and use processing of any products or services Payments will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (g) you will immediately notify Tencap Tennis RAZ Mobile in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other personperson;(h) you will not use the Website in order to gain competitive intelligence about RAZ Mobile, the Website or any subscription or service offered via the Website or to otherwise compete with RAZ Mobile or its affiliates; and (hand(i) if you purport to be the agent of, represent or otherwise act on behalf of an Organization, entity or any other person, that you are in fact an authorized representative of such Organization, entity or other person. In For all Donations made on the event that you post any User Content via the Web SiteWebsite, you hereby make the following additional representations and warranties to Tencap Tennisagree that you: (1i) you are owner of such User Content will not use an invalid or otherwise have the right unauthorized credit card or other payment method to grant Tencap Tennis the licenses granted pursuant to this Agreementmake a Payment; (2ii) you have secured any and all consents necessary are solely responsible for selecting the correct Recipient to post the User Content and to grant the foregoing licenses; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties' rights; (4) the use of any User Content will not result in harm or personal injury to any third partyreceive Donations; and (5iii) all factual information contained Donations are made as unrestricted gifts to the entity of your choice and that such funds may not be specified for any particular purpose or limited in the User Content is true and accurateany way. Prohibited Uses You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Web Site Website or any part thereof or any Content that you may purchase via the Web Site, which includes, without limitation: (a) use of the Web Site Website to post post, store or store disseminate material or information thatthat is, is or to a reasonable person may be be, false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another's ’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use of the Web Site Website to post post, store or store disseminate Content, files, graphics, software or other material or information that actually or potentially infringe infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Web Site Website to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site Website, to restricted portions of the Website, to Content, or any other computer networknetwork or equipment; (d) use of the Web Site Website to post post, store or store disseminate viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use of the Web Site Website to post, store or transmit disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation (including, without limitation, using the Web Site to send unsolicited commercial or promotional messages to other parties, and using the Web Site to connect to people who do not know you and then sending them unsolicited commercial or promotional messages without their permission)solicitation; (f) forging headers use of the Website to engage in any activity that, as determined by RAZ Mobile, may intentionally or otherwise manipulating identifiers in order to disguise unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the source spirit or origin intent of any communications transmitted through the Web Sitethese Terms of Use; (g) use of any manual or automated software, devices or other processes to "crawl" or "spider" any web pages contained in the Web Site Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Web SiteWebsite); (h) use of the Website to gain competitive intelligence about RAZ Mobile, the Website or any product or service offered via the Website or to otherwise compete with RAZ Mobile or its affiliates; (i) framing or otherwise simulating the appearance or functions of the Web Site Website or any portion thereof; or (ij) harvesting or otherwise collecting any information about other Usersusers, including, without limitation, email addresses or other contact information of other Users; (j) alter the account information of a user or alter User Content posted by a user when you have not been granted privileges to do so; and (k) use of the Web Site to engage in any activity that, as determined by Tencap Tennis, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Useusers.

Appears in 1 contract

Samples: razmobile.com

User Representations. You hereby represent and warrant to Tencap Tennis RAZ Mobile that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19 or 21 years of age depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence or (iii) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to Tencap Tennis RAZ Mobile is truthful, accurate and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment any account that you provide to Tencap Tennis RAZ Mobile or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Web Siteprocessor; (d) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Web Site Website, the Services, Content or any part thereof; (e) you have provided and will maintain accurate and complete registration information Client Information with Tencap Tennis, including, without limitation, your legal name, address, email address, and any other information Tencap Tennis may reasonably requireRAZ Mobile; (f) your access to and use of the Web Site Website, the Services or any part thereof and/or purchase and use processing of any products or services Donations will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (g) you will immediately notify Tencap Tennis RAZ Mobile in the event that you learn or suspect that your registration informationClient Information, username or password has been disclosed or otherwise made known to any other person; (h) you will not use the Website in order to gain competitive intelligence about RAZ Mobile, the Website or any subscription or service offered via the Website or to otherwise compete with RAZ Mobile or its affiliates; and (hi) if you purport to be the agent of, represent or otherwise act on behalf of an Organization, entity or any other person, that you are in fact an authorized representative of such Organization, entity or other person. In the event that you post or make available any User Content via the Web SiteContent, you hereby make the following additional representations and warranties to Tencap TennisRAZ Mobile: (1) you are owner of such User Content or otherwise have the right to grant Tencap Tennis xxxxx XXX Mobile the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenseslicenses or assignments; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties' rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true and accurate. You agree that you: (i) will not use an invalid or unauthorized account to receive Donations; (ii) are solely responsible for the information and content you provide, and RAZ Mobile acts as a passive conduit for your distribution and publication of such information and content via the Website and the Services; and (iii) are solely responsible for your compliance with all federal, state and municipal rules related to your use of the Services or the Website, and any Donations made to you, including, but not limited to, those related to the processing of financial transactions for the purposes of which you access and use the Website and the Services and all tax rules related to the Donations. Prohibited Uses You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Web Site Website or any part thereof or any User Content that you may purchase via the Web Sitepost or make available, which includes, without limitation: (a) use of the Web Site Website to post post, store or store disseminate material or information thatthat is, is or to a reasonable person may be be, false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another's ’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use of the Web Site Website to post post, store or store disseminate Content, files, graphics, software or other material or information that actually or potentially infringe infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Web Site Website to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site Website, to restricted portions of the Website, to Content, or any other computer networknetwork or equipment; (d) use of the Web Site Website to post post, store or store disseminate viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use of the Web Site Website to post, store or transmit disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation (including, without limitation, using the Web Site to send unsolicited commercial or promotional messages to other parties, and using the Web Site to connect to people who do not know you and then sending them unsolicited commercial or promotional messages without their permission)solicitation; (f) forging headers use of the Website to engage in any activity that, as determined by RAZ Mobile, may intentionally or otherwise manipulating identifiers in order to disguise unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the source spirit or origin intent of any communications transmitted through the Web Sitethese Terms of Use; (g) use of any manual or automated software, devices or other processes to "crawl" or "spider" any web pages contained in the Web Site Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Web SiteWebsite); (h) use of the Website to gain competitive intelligence about RAZ Mobile, the Website or any product or service offered via the Website or to otherwise compete with RAZ Mobile or its affiliates; (i) framing or otherwise simulating the appearance or functions of the Web Site Website or any portion thereof; or (ij) harvesting or otherwise collecting any information about other Usersusers, including, without limitation, email addresses or other contact information of other Users; users. Disclaimer RAZ Mobile uses reasonable efforts to maintain the Website and the Services, but RAZ Mobile is not responsible for any defects or failures associated with the Website or the Services, any part thereof, any Content posted using the Website or any damages (jsuch as lost profits or other consequential damages) alter that may result from any such defects or failures. The Website may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which RAZ Mobile may undertake from time to time, (c) delays in processing of Payments by third-party processors or (d) causes beyond the account information control of a user RAZ Mobile or alter which are not foreseeable by RAZ Mobile. RAZ Mobile does not control the User Content posted by a user when you its users, nor does it have not been granted privileges any obligation to do so; monitor such User Content for any purpose. Despite the fact that it has no monitoring obligations, RAZ Mobile reserves the right to remove any and (k) use of the Web Site to engage all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful in any activity that, as determined by Tencap Tennis, respect or which may intentionally or unintentionally otherwise violate these Terms of Use. Because the User Content is provided by other users, violate and because RAZ Mobile does not monitor or exercise control over the User Content, RAZ Mobile does not make any warranties or representations regarding any of the User Content or the quality thereof. RAZ Mobile does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the Content. You understand that by using the Website, you may be exposed to Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable, and that in no way shall RAZ Mobile be liable under any theory for such exposure. RAZ Mobile is not a backup service for storing User Content, and RAZ Mobile shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post or otherwise provide. Although RAZ Mobile provides a network of non-profit organizations and charities to which Donors can make mobile donations, RAZ Mobile makes no representation as to whether all or any portion of a Donation, including, if any, the Fees related to the processing of such Donations, are able to be excluded or deducted on any tax return. RAZ Mobile will have no liability or responsibility for any claim by any federal, state, local, foreign or any other taxing authority with respect to the characterization of any Donation. You should consult with a tax advisor regarding the implications and treatment of all or any portion of any Donation you receive. You are solely responsible for your compliance with all federal, state and municipal rules related to the processing of financial transactions. All transactions are between you and such applicable laws Donors or regulations other third parties, and RAZ Mobile shall not be liable for your interactions with any Donor or conflict with other third party on or through the spirit Website or intent the Services. RAZ Mobile has no obligation to become involved in any dispute between you and a Donor or other third party, and shall not be liable for any damage or loss incurred by you, a Donor or other third party. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WEBSITE, THE SERVICES, ANY CONTENT, AND ANY PRODUCTS OR OTHER SERVICES OFFERED VIA THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, RAZ MOBILE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION, RAZ MOBILE MAKES NO WARRANTY THAT THE WEBSITE, THE SERVICES, AND ANY CONTENT, PRODUCTS OR OTHER SERVICES PROVIDED VIA THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE AND THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. Limitation of these Terms of UseLiability TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT RAZ MOBILE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RAZ MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES, ANY CONTENT, OR ANY PRODUCTS OR OTHER SERVICES PURCHASED OR OBTAINED VIA THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, ANY CONTENT OR THE PURCHASE OR OBTAINMENT OF RAZ MOBILE’S PRODUCTS OR OTHER SERVICES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEBSITE AND SERVICES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL RAZ MOBILE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR THE SERVICES OR PURCHASING ANY OF RAZ MOBILE’S PRODUCTS, OTHER SERVICES OR ANY AMOUNT OF FEES RETAINED BY RAZ MOBILE FROM YOU FOR PROVIDING THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: raz.mobi

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User Representations. You hereby represent and warrant to Tencap Tennis RPS that: (a) you (i) have reached are over the age of majority in the jurisdiction where you reside eighteen (generally 18, 19 or 21 years of age depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence residence, (iii) possess legal parental or guardian consent or (iiiiv) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to Tencap Tennis RPS is truthful, accurate and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to Tencap Tennis RPS or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Web SiteWebsite; (d) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Web Site Website, Content or any part thereof; (e) you have provided and will maintain accurate and complete registration information with Tencap TennisRPS, including, without limitation, your legal name, address, email address, address and any other information Tencap Tennis RPS may reasonably require; (f) your access to and use of the Web Site Website or any part thereof and/or purchase and use of any products or services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (g) you will immediately notify Tencap Tennis RPS in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other personperson;(h) you will not use the Website to gain competitive intelligence about RPS, the Website, or any product or service offered via the Website or to otherwise compete with RPS or its affiliates; and (hi) if you purport to be the agent of, represent or otherwise act on behalf of an Organization, entity or any other person, that you are in fact an authorized representative of such Organization, entity or other person. In the event that If you post provide any User Content Feedback via the Web SiteWebsite, you hereby make the following additional representations and warranties to Tencap TennisRPS: (1) you are owner of such User Content Feedback or otherwise have the right to grant Tencap Tennis RPS the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content Feedback and to grant the foregoing licenseslicenses or assignments; (3) the User Content Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content Feedback does not contain any personally identifiable information about third parties in violation of such parties' rights; (4) the use of any User Content Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content Feedback is true and accurate. Prohibited Uses You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Web Site Website or any part thereof or any Content that you may purchase via the Web Sitethereof, which includes, without limitation: (a) use of the Web Site Website to post post, store or store disseminate material or information that, is or to a reasonable person may be false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another's ’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use of the Web Site Website to post post, store or store disseminate Content, files, graphics, software or other material or information that actually or potentially infringe infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Web Site Website to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site Website, to restricted portion of the Website, to Content, or any other computer networknetwork or equipment; (d) use of the Web Site Website to post post, store or store disseminate viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use of the Web Site Website to post, store or transmit disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation (including, without limitation, using the Web Site to send unsolicited commercial or promotional messages to other parties, and using the Web Site to connect to people who do not know you and then sending them unsolicited commercial or promotional messages without their permission)solicitation; (f) forging headers or otherwise manipulating identifiers in order to disguise the source or origin of any communications transmitted through the Web Site; (g) use of any manual or automated software, devices or other processes to "crawl" or "spider" any web pages contained in the Web Site Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Web SiteWebsite); (g) use of the Website to gain competitive intelligence about RPS, the Website, or any product or service offered via the Website or to otherwise compete with RPS or its affiliates; (h) framing or otherwise simulating the appearance or functions of the Web Site Website or any portion thereof; (i) harvesting or otherwise collecting any information about other Usersusers, including, without limitation, email addresses or other contact information of other Users; users;or (j) alter the account information of a user or alter User Content posted by a user when you have not been granted privileges to do so; and (k) use of the Web Site Website to engage in any activity that, as determined by Tencap TennisRPS, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use.

Appears in 1 contract

Samples: www.rpscyber.com

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