White Label Sites Sample Clauses

White Label Sites. The Per-PNR Fee will apply to all QPX-Powered PNRs created on White Label Sites, pursuant to Section 2(c), except that in the event the business model for a White Label Site does not consist primarily of using search to generate bookings on Orbitz, then Orbitz may not provide the ITA Technology to such White Label Site unless and until ITA and Orbitz have agreed to such use of the ITA Technology and the manner in which the fee for such white label use would be calculated. Unless otherwise agreed, fees paid with respect to White Label Sites shall not be counted toward the annual minimum described in Section 8(a).
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White Label Sites. Orbitz may incorporate QPX into a “white label” travel web site, referred to hereunder as a “White Label Site”. In order to be considered a White Label Site, a web site must fulfill the following conditions: (i) Orbitz must provide the site with a product incorporating both QPX shopping and an Orbitz booking capability, and that consists of materially greater functionality than that of QPX alone; (ii) the site must not contain any air-related functionality other than that provided by Orbitz, and must otherwise have substantially the same functionality for the same booking path as the Orbitz site but be branded with the Orbitz White Label Customer’s brand; (iii) Queries will not be submitted to QPX directly from the White Label Site, but instead will go through the Orbitz presentation layer code (i.e., all white label customers will gain access to Orbitz via an Orbitz-provided API); (iv) the site must not contain any files related to air functionality that are not supplied by Orbitz other than static files such as .gif or .jpeg files; i.e., the white label customer may customize only the “front end” appearance of the site. In addition, the following terms will apply to Orbitz’s provision of QPX to a White Label Site: (v) Orbitz will provide written notice to ITA of any new arrangement to provide a White Label Site. (vi) Orbitz may not, without ITA’s prior approval, use QPX to provide any services to airlines, except that Orbitz may (A) offer a “packaged” product to a niche portion of an airline web site (such as vacation travel), where such packaged offerings consists, at a minimum, of air-related services bundled with car and/or hotel, and (B) continue to provide a niche corporate travel offering to United Airlines and American Airlines substantially as currently provided. (vii) All the restrictions set forth in Section 2(b) and this Section 2(c) will apply to any White Label Site as well as to Orbitz, and Orbitz agrees that either (A) Orbitz will be liable to ITA for violation by the Orbitz White Label Customer of such restrictions or (B) it will enter into an enforceable agreement with respect to such restrictions with the Orbitz White Label Customer to which Orbitz is providing the White Label Site, and ITA will be the intended third party beneficiary thereof.
Sample 1Sample 2
White Label Sites. Kayak may not allow [ ]*, or another entity of similar size in the search field or similar prominence in the search field, to submit Queries to the ITA Software, unless the following conditions are fulfilled (a site fulfilling such conditions is referred to as a “White Label Site”, provided that for the purposes of the following, the “White Label Site” will be deemed to be the web site or page where the search results generated by the ITA Software are displayed, currently described in Kayak’s agreements with its partners as a “Co-Branded Site”): (i) Kayak must provide the White Label Site with a product which incorporates both QPX shopping and the other functionality offered by Kayak (i.e., data from other sites, the ability to generate Referrals), and that consists of materially greater functionality than that of QPX alone; (ii) the White Label Site must not contain any air-related functionality other than that provided by Kayak, and must otherwise have substantially the same functionality as the Kayak site, but be branded with both the Kayak and the other party’s brand; (iii) Queries will not be submitted to QPX directly from the White Label Site, but instead will go through the Kayak presentation layer code (i.e., all white label customers will gain access to Kayak via a Kayak-provided API); (iv) the White Label Site must not contain any files related to air functionality that are not supplied by Kayak other than static files such as .gif or .jpeg files; i.e., the white label customer may customize only the “front end” appearance of the White Label Site; (v) Upon ITA’s request, Kayak will provide ITA a list of third parties with whom Kayak has entered into arrangements to provide a White Label Site; and (vi) The other restrictions set forth in this Agreement with respect to the use of the ITA Software will apply to any White Label Site as well as to Kayak, and Kayak agrees that either (A) Kayak will be liable to ITA for violation by the other party of such restrictions or (B) it will enter into an enforceable agreement with respect to such restrictions with the other party to which Kayak is providing the White Label Site, and ITA will be the intended third party beneficiary thereof.
Sample 1
White Label Sites. Orbitz may incorporate the ITA Technology into a “white label” travel web site, referred to hereunder as a “White Label Site”. In order to be considered a White Label Site, a web site must fulfill the following conditions: (i) Orbitz must provide the site with a product incorporating both the ITA Technology shopping and an Orbitz booking capability, and that consists of materially greater functionality than that of the ITA Technology alone; (ii) the site must not contain any air-related functionality other than that provided by Orbitz, and must otherwise have substantially the same functionality for the same booking path as the Orbitz site but be branded with the Orbitz White Label Customer's brand; (iii) Queries will not be submitted to the ITA Technology directly from the White Label Site, but instead will go through the Orbitz presentation layer code (i.e., all white label customers will gain access to Orbitz via an Orbitz-provided API); (iv) the site must not contain any files related to air functionality that are not supplied by Orbitz other than static files such as .gif or .jpeg files; i.e., the white label customer may customize only the “front end” appearance of the site. In addition, the following terms will apply to Orbitz's provision of the ITA Technology to a White Label Site: (v) Orbitz will provide written notice to ITA of any new arrangement to provide a White Label Site.
Sample 1

Related to White Label Sites

  • THIRD PARTY WEBSITES AND CONTENT The Website contains (or you may be sent through the Website or the Company Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. Company reserves the right but does not have the obligation to:

  • Third Party Websites The Service may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service, Debit Rewards Offers or any other services provided in connection with them is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.

  • Users There is no limit to the number of users who can access the Software. You can invite any person You wish to access the Software.

  • Third Party Products and Services Any third-party hardware, software and/or services that is delivered by ResMed for use either standalone or in conjunction with ResMed products and/or services, shall be subject to the third-party terms and conditions and/or license agreements between Customer and the third party. Such third-party hardware, software and/or services is provided by ResMed "AS IS," without any warranty of any kind. Any representations or warranties as to such hardware, software and/or services shall only be as granted by the applicable third parties, if any, that accompany such products and/or software and/or services. Any representations, warranties, or other similar obligations with respect to such third-party hardware, software and/or services flow directly from the third party to Customer and ResMed shall have no responsibility at all for any such representations, warranties, obligations or lack thereof.

  • PARTY WEBSITES AND CONTENT The Site may contain (or you may be sent via the Site) links to other websites ("Third- Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third- Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

  • 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.

  • User Generated Content 10.1 As a user to this website, You may be allowed to post any User Generated Content (“User Content”) and You agree, by submitting your contribution, you xxxxx XX Group a perpetual, royalty-free, non-exclusive, sublicensable right and license to use, reproduce, edit, modify, adapt, publish, translate, create derivate works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media, now known or later developed, for the full terms of any rights that may exist in your contribution. 10.2 You also hereby grant other user of TM Website a non-exclusive license to access your User Content through the access and/or use of TM Website, and to use such User Content only as permitted through the functionality of TM Website. 10.3 You understand and agree that TM may retain and store, but not display, distribute, or perform, server copies of User Content that has been removed or deleted. The above licenses granted to TM, by You in User Content is irrevocable. 10.4 Further to the foregoing paragraph, by submitting your User Content to us, You warrant that:- (a) your User Content is your own original work or have the necessary license, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable TM to use of the User Content in the manner required by us and that you have the right to make it available to us for all the purposes specified above; (b) your User Content is not defamatory, threatening, injurious, insulting character, offensive, abusive, offensive on moral, menacing, religious or political grounds, impair your confidentiality obligations; (c) your User Content does not infringe the law; (d) You shall be solely responsible for your own User Content and the consequences of posting or publishing them; (e) You will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post material and to grant us all of the license rights granted herein; and/or (f) waive any moral rights in your User Content for the purposes of its submission to and publication in TM Website and the purposes specified above. 10.5 You understand that whether or not such User Content is posted, TM does not guarantee any confidentiality with respect to any User Content. TM does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Content. We do not permit activities which will infringe any Intellectual Property Rights including copyright and we will remove all infringing contents and User Content upon notification that such Content or User Content infringes on another’s Intellectual Property Rights. We further reserve the right to remove any Content or User Content without prior notice. 10.6 You understand and agree that we may review and delete any User Content that you posted at any time without notice, without liability and for any reason whatsoever, especially if you breach the terms and conditions herein. 10.7 We reserve the right to investigate and take appropriate legal action, in our sole discretion, against You for the User Content especially if it violates TM policy and report you to the Appropriate Authority.

  • Third Party Sites The Platform may provide links to third-party web sites. Third parties and third party web sites may have different privacy policies, terms and conditions and business practices than we do. Your dealings or communications with any party other than the Company are solely between you and that third party. Reference on the Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service xxxx, logo, and manufacturer or otherwise does not constitute or imply its endorsement or recommendation by the Company.

  • Customer Equipment Customer represents and warrants that it owns or has the legal right and authority, and will continue to own or maintain the legal right and authority during the term of this Agreement, to place and use the Customer Equipment as contemplated by this Agreement. Customer further represents and warrants that its placement, arrangement, and use of the Customer Equipment in the Internet Data Centers complies with the Customer Equipment Manufacturer's environmental and other specifications.

  • End Users Customer will control access to and use of the Products by End Users and is responsible for any use of the Products that does not comply with this Agreement.

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