THIRD-PARTY CONTENT, SERVICES AND WEBSITES 10.1 The Services may enable You to link to, transfer Your Content or Third Party Content to, or otherwise access, third parties’ websites, platforms, content, products, services, and information (“Third Party Services”). Oracle does not control and is not responsible for Third Party Services. You are solely responsible for complying with the terms of access and use of Third Party Services, and if Oracle accesses or uses any Third Party Services on Your behalf to facilitate performance of the Services, You are solely responsible for ensuring that such access and use, including through passwords, credentials or tokens issued or otherwise made available to You, is authorized by the terms of access and use for such services. If You transfer or cause the transfer of Your Content or Third Party Content from the Services to a Third Party Service or other location, that transfer constitutes a distribution by You and not by Oracle. 10.2 Any Third Party Content we make accessible is provided on an “as-is” and “as available” basis without any warranty of any kind. You acknowledge and agree that we are not responsible for, and have no obligation to control, monitor, or correct, Third Party Content. We disclaim all liabilities arising from or related to Third Party Content. 10.3 You acknowledge that: (i) the nature, type, quality and availability of Third Party Content may change at any time during the Services Period, and (ii) features of the Services that interoperate with Third Party Services such as Facebook™, YouTube™ and Twitter™, etc., depend on the continuing availability of such third parties’ respective application programming interfaces (APIs). We may need to update, change or modify the Services under this Agreement as a result of a change in, or unavailability of, such Third Party Content, Third Party Services or APIs. If any third party ceases to make its Third Party Content or APIs available on reasonable terms for the Services, as determined by us in our sole discretion, we may cease providing access to the affected Third Party Content or Third Party Services without any liability to You. Any changes to Third Party Content, Third Party Services or APIs, including their unavailability, during the Services Period does not affect Your obligations under this Agreement or the applicable order, and You will not be entitled to any refund, credit or other compensation due to any such changes.
User Content (A) You understand that any upload, comment or post made on the GoodNotes Platform is not private or confidential and can be read and used by other users. However, you remain the owner of your User Content and, subject to the licences granted below, you have the right to continue to use your User Content in any way you may choose. (B) You hereby waive any rights of privacy and publicity or any other rights of a similar nature in connection with use of your User Content, or any portion thereof as authorized by these Terms. (C) By uploading, posting, sharing or displaying any information, messages, content or material (“User Content”) on the GoodNotes Platform or providing any User Content to us or our representative(s), and to the extent permitted under applicable laws, you grant us a non-exclusive irrevocable, perpetual, worldwide, royalty-free, and sub-licensable licence to display, store, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of your User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to providing current or future GoodNotes services and/or the operation, promotion or improvement of the GoodNotes Platform. You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above licence. (D) [You grant all Registered Members, Unregistered Users and all other users of the platform a non-exclusive, worldwide, royalty-free licence to access your User Content through the GoodNotes Platform, and to use your User Content, [including to reproduce, distribute, prepare derivative works, display, and perform it], only as permitted by the functionality of the GoodNotes Platform. For clarity, this licence does not grant any rights or permissions for a user to make use of your User Content independent of the GoodNotes Platform and as set out in clause 6.3] (E) You represent, warrant and agree that (a) you shall be solely responsible for obtaining all necessary third party licences and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”). (F) We do not endorse, edit, verify, actively monitor, moderate, or otherwise certify User Content created, submitted, uploaded, posted or displayed by any user of the GoodNotes Platform. You are solely responsible for, and may be held legally liable or accountable for, the User Content you post or display on the GoodNotes Platform. As such, you agree that we are not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the GoodNotes Platform, including infringing, fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with you. We are not responsible and shall have no liability to you or anyone else for any act or omission of any user of the GoodNotes Platform. (G) We reserve the right in our sole discretion to remove, disable access to, modify or reject any User Content that you submit to, post or display on the GoodNotes Platform which we reasonably believe is unlawful, violates these Terms, could subject us or our affiliates to liability, or is otherwise found inappropriate in our sole discretion. (H) You understand and agree that if you delete your account, it may not be possible to completely delete your User Content from the GoodNotes Platform, and that your User Content may remain viewable elsewhere as part of the platform.
Third Party Content In order to avoid potential infringement of IPR, Influencers should not endorse, copy, or adopt third party content.
Customer Content As part of the Services provided under this Agreement, Customer Data will be stored and processed in the data center region specified in the applicable Ordering Document. Axway shall not access Customer Content except in response to support or technical issues where Customer provides Axway with prior Customer’s written authorization required to access such Customer Content. Axway is not responsible for unauthorized access, alteration, theft or destruction of Customer Content arising from Customer’s own or its authorized users’ actions or omissions in contravention of the Documentation. Customer’s ability to recover any lost data resulting from Axway’s misconduct is limited to restoration by Axway from the most recent back-up.
Promotional Materials In the event that the Fund or the Adviser makes available any promotional materials related to the Securities or the transactions contemplated hereby intended for use only by registered broker-dealers and registered representatives thereof by means of an Internet web site or similar electronic means, the Adviser will install and maintain, or will cause to be installed and maintained, pre-qualification and password-protection or similar procedures which are reasonably designed to effectively prohibit access to such promotional materials by persons other than registered broker-dealers and registered representatives thereof.
Two-‐character labels All two-‐character ASCII labels shall be withheld from registration or allocated to Registry Operator at the second level within the TLD. Such labels may not be activated in the DNS, and may not be released for registration to any person or entity other than Registry Operator, provided that such two-‐character label strings may be released to the extent that Registry Operator reaches agreement with the related government and country-‐code manager of the string as specified in the ISO 3166-‐1 alpha-‐2 standard. The Registry Operator may also propose the release of these reservations based on its implementation of measures to avoid confusion with the corresponding country codes, subject to approval by ICANN. Upon conclusion of Registry Operator’s designation as operator of the registry for the TLD, all such labels that remain withheld from registration or allocated to Registry Operator shall be transferred as specified by ICANN. Registry Operator may self-‐allocate and renew such names without use of an ICANN accredited registrar, which will not be considered Transactions for purposes of Section 6.1 of the Agreement.