Your Conduct. In connection with Your use of the Service, You represent and warrant that You: (a) are above the age of eighteen (18); (b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws; (c) will not submit any conversations that may be considered by CamCare to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable; (d) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with CamCare, or otherwise attempt to mislead others as to the identity of the sender; (e) will not submit communication that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website; (h) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means); (i) will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; (j) will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service; (k) will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights; (l) will not use the Service in any way that could interfere with the rights of CamCare or the rights of other users of the Service; (m) have sufficient rights in and to all Content that You provide, transmit or otherwise convey to CamCare in connection with the Service; (n) agree not to re-sell or assign Your rights or obligations under this Agreement; (o) will not reproduce, duplicate, copy, sell, re-sell or exploit any Content; (p) will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of CamCare, which consent may be withheld by CamCare in our discretion; (q) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing; (r) agree not to create an account or use CamCare services if Your account previously has been terminated by CamCare or if You previously have been banned from using the services; and (s) agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, CamCare personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection. CamCare retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. CamCare may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, CamCare may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
Appears in 5 contracts
Samples: Membership Agreement, Membership Agreement, Membership Agreement
Your Conduct. In connection with Your use of Campspot grants you the Servicerights set forth herein, You represent and warrant that Yousubject to the following conditions:
(a) are above You shall not modify, disassemble, reverse engineer and/or otherwise reduce to human- perceivable form all or any part of the age of eighteen (18)Services;
(b) will abide by You shall not use or permit the letter and spirit use of, reproduce and/or otherwise duplicate, disclose, distribute, modify, encumber, time-share, license, sublicense, rent, lease, and/or transfer the Services, any portion thereof, and/or any of the terms and conditions of this Agreement and all applicable local, state, national or international lawsyour rights thereto;
(c) will You shall not submit and/or transmit any conversations emails and/or materials through the Services that may be considered by CamCare to be unlawfulcontain a virus, harassingworm, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionableTrojan horse and/or any other harmful component;
(d) will You shall not impersonate, access all or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with CamCare, or otherwise attempt to mislead others as to the identity part of the senderServices in order to build a product and/or service which competes with the Services;
(e) will You shall not merge the Services or any portion thereof with any other program and/or materials;
(f) You shall not copy and/or imitate part or all of the design, layout and/or look-and-feel of the Services and/or individual sections of it, in any form and/or media;
(g) You are responsible for the accuracy and quality of the data and content that you submit communication that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Websiteand shall not violate the intellectual property rights of anyone;
(h) will not accessYou shall act in accordance with all applicable laws, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means)rules and regulations;
(i) will You shall not post non-local or otherwise irrelevant Contentsubmit content that is offensive, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructureincluding without limitation, bigotry, racism, discrimination, hatred and/or profanity;
(j) will You shall not attempt intentionally hold Campspot and/or its officers, directors and/or employees up to gain unauthorized access to the Servicepublic scorn, other user accounts, or other computer systems or networks connected to the Serviceridicule and/or defamation;
(k) will You shall not use adapt, translate, localize, port, and/or otherwise modify the Service in Services and/or any manner that infringes, misappropriates other compiled software provided or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rightsmade available by Campspot hereunder;
(l) will You shall not use the Service in promote and/or provide information about illegal activities and/or physical harm or injury to any way that could interfere with the rights of CamCare or the rights of other users of the Servicegroup, individual, institution and/or property;
(m) have sufficient rights in You shall not attempt to do any of the following: access data not intended for you, monitor the Services for purposes of gathering data about other customers and to all Content that You providetheir products and/or services, transmit or otherwise convey to CamCare in connection and/or interfere with the ServiceServices in relation to any user in any manner;
(n) agree You shall not use the Services for any unlawful purpose and/or to re-sell or assign Your rights or obligations under this Agreement;violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided; and/or
(o) will You shall not reproduce, duplicate, copy, sell, re-sell or exploit permit any Content;
(p) will not access any Content for any commercial, educational or other purposes not related person and/or entity to Your personal purchasing decisions, the express written consent of CamCare, which consent may be withheld by CamCare engage in our discretion;
(q) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
(r) agree not to create an account or use CamCare services if Your account previously has been terminated by CamCare or if You previously have been banned from using the services; and
(s) agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, CamCare personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection. CamCare retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. CamCare may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, CamCare may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreementconduct.
Appears in 3 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Your Conduct. In connection with Your your participation in the Program and use of the ServicePlatform, You you represent and warrant that Youyou:
(a) are 1. Are above the age of eighteen (18);
(b) will 2. Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) will 3. Will not submit any conversations Projects or content that may be considered by CamCare Xxxx to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
(d) 4. Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
5. Will not submit Projects or content that comment on other service providers or Customers;
6. Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with CamCareXxxx, or otherwise attempt to mislead others as to the identity of the senderyour identity;
(e) will 7. Will not submit communication Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our WebsitePlatform;
(h) will 8. Will not access, download or copy any information content contained on our Website Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(i) will 9. Will not post non-local or otherwise irrelevant ContentProjects or content, repeatedly post the same or similar Content Projects or content, or otherwise impose an unreasonable or disproportionately large load on our infrastructurePlatform;
(j) will 10. Will not take any action that would undermine the Program or Platform;
11. Will not attempt to gain unauthorized access to the ServicePlatform, other user accounts, or other computer systems or networks connected to the ServicePlatform;
(k) will 12. Will not use the Service Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(l) will 13. Will not use the Service Platform in any way that could interfere with the rights of CamCare Xxxx or the rights of other users of the ServicePlatform;
(m) have 14. Have sufficient rights in and to all Content content that You you provide, transmit or otherwise convey to CamCare Xxxx in connection with the ServiceProgram;
(n) agree 15. Agree not to re-sell or assign Your your rights or obligations under this Agreement;
(o) will 16. Will not reproduce, duplicate, copy, sell, re-sell or exploit any Contentcontent on the Platform;
(p) will 17. Will not access any Content the Platform for any commercial, educational or other purposes not related to Your your personal purchasing decisions, the express written consent of CamCareXxxx, which consent may be withheld by CamCare Xxxx in our discretion;
(q) grant 18. Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content content you provide in the Platform and to prepare derivative works of, or to incorporate such Content content into other works, and to grant and to authorize sublicenses of the foregoing;; and
(r) agree 19. Agree not to create an account or use CamCare Xxxx services if Your your account previously has been terminated by CamCare Xxxx or if You you previously have been banned from using the services; and
(s) agree . The content that you provide does not to: (i) register for more than one account reflect the views of Xxxx, its officers, managers, owners, employees, agents, designees or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entityusers. In addition, including, but not limited to, CamCare personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection. CamCare Xxxx retains the right, in its sole discretion, to determine whether or not Your your use of the Service Program or Platform is consistent with the terms and conditions of this Agreement. CamCare Xxxx may suspend, restrict or terminate Your your use of the Service Program and to refuse any future use of all or portions of the Service Program or Platform if Your your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, CamCare Xxxx may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
Appears in 2 contracts
Samples: Angi Project Advisor, Fixed Price Services, and Project Submission Customer Agreement, Project Submission Customer Agreement
Your Conduct. In connection with Your your participation in the Program and use of the ServicePlatform, You you represent and warrant that Youyou:
(a) are 1. Are above the age of eighteen (18);
(b) will 2. Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) will 3. Will not submit any conversations Projects or content that may be considered by CamCare Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
(d) 4. Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
5. Will not submit Projects or content that comment on other service providers or Customers;
6. Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with CamCareXxxx, or otherwise attempt to mislead others as to the identity of the senderyour identity;
(e) will 7. Will not submit communication Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our WebsitePlatform;
(h) will 8. Will not access, download or copy any information content contained on our Website Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(i) will 9. Will not post non-local or otherwise irrelevant ContentProjects or content, repeatedly post the same or similar Content Projects or content, or otherwise impose an unreasonable or disproportionately large load on our infrastructurePlatform;
(j) will 10. Will not take any action that would undermine the Program or Platform;
11. Will not attempt to gain unauthorized access to the ServicePlatform, other user accounts, or other computer systems or networks connected to the ServicePlatform;
(k) will 12. Will not use the Service Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(l) will 13. Will not use the Service Platform in any way that could interfere with the rights of CamCare Xxxx or the rights of other users of the ServicePlatform;
(m) have 14. Have sufficient rights in and to all Content content that You you provide, transmit or otherwise convey to CamCare Xxxx in connection with the ServiceProgram;
(n) agree 15. Agree not to re-sell or assign Your your rights or obligations under this Agreement;
(o) will 16. Will not reproduce, duplicate, copy, sell, re-sell or exploit any Contentcontent on the Platform;
(p) will 17. Will not access any Content the Platform for any commercial, educational or other purposes not related to Your your personal purchasing decisions, the express written consent of CamCareXxxx, which consent may be withheld by CamCare Xxxx in our discretion;
(q) grant 18. Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content content you provide in the Platform and to prepare derivative works of, or to incorporate such Content content into other works, and to grant and to authorize sublicenses of the foregoing;; and
(r) agree 19. Agree not to create an account or use CamCare Xxxx services if Your your account previously has been terminated by CamCare Xxxx or if You you previously have been banned from using the services; and
(s) agree . The content that you provide does not to: (i) register for more than one account reflect the views of Angi, its officers, managers, owners, employees, agents, designees or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entityusers. In addition, including, but not limited to, CamCare personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection. CamCare Xxxx retains the right, in its sole discretion, to determine whether or not Your your use of the Service Program or Platform is consistent with the terms and conditions of this Agreement. CamCare Xxxx may suspend, restrict or terminate Your your use of the Service Program and to refuse any future use of all or portions of the Service Program or Platform if Your your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, CamCare Xxxx may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
Appears in 2 contracts
Samples: Angi Project Advisor, Fixed Price Services, and Project Submission Customer Agreement, Angi Project Advisor, Fixed Price Services, and Project Submission Customer Agreement
Your Conduct. In connection with Your your use of the Service, You you represent and warrant that Youyou:
(a) 1. are above the age of eighteen (18);
(b) 2. will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) 3. will not submit any conversations reviews that may be considered by CamCare Xxxx to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
4. will submit thorough and thoughtful reviews of the Service Providers you review (d) for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
5. will not submit reviews that comment on other users or the reviews of other users;
6. will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with CamCareXxxx, or otherwise attempt to mislead others as to the identity of the sendersender or the origin of a review or rating;
(e) 7. will not submit communication reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(h) 8. will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(i) 9. will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(j) 10. will not take any action that would undermine the review and rating process under the Service;
11. will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
(k) 12. will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(l) 13. will not use the Service in any way that could interfere with the rights of CamCare Xxxx or the rights of other users of the Service;
(m) 14. have sufficient rights in and to all Content that You you provide, transmit or otherwise convey to CamCare Xxxx in connection with the Service;
(n) 15. agree not to re-sell or assign Your your rights or obligations under this Agreement;
(o) 16. will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
(p) 17. will not access any Content for any commercial, educational or other purposes not related to Your your personal purchasing decisions, the express written consent of CamCareXxxx, which consent may be withheld by CamCare Xxxx in our discretion;
(q) 18. grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
(r) 19. agree not to create an account or use CamCare Xxxx services if Your your account previously has been terminated by CamCare Xxxx or if You you previously have been banned from using the services; and
(s) 20. agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, CamCare Xxxx personnel, or falsely state or otherwise misrepresent Your your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection. CamCare retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. CamCare may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, CamCare may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.or
Appears in 2 contracts
Samples: Membership Agreement, Membership Agreement
Your Conduct. In connection with Your use of the Service, You represent and warrant that You:
(a) a. are above the age of eighteen (18);
(b) b. will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) c. will not submit any conversations reviews that may be considered by CamCare FAL to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
d. will submit thorough and thoughtful reviews of the FAL Listed Providers You review (d) for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
e. will not submit reviews that comment on other users or the reviews of other users;
f. will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with CamCareFAL, or otherwise attempt to mislead others as to the identity of the sendersender or the origin of a review or rating;
(e) g. will not submit communication reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(h) h. will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(i) i. will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(j) j. will not take any action that would undermine the review and rating process under the Service;
k. will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
(k) l. will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(l) m. will not use the Service in any way that could interfere with the rights of CamCare FAL or the rights of other users of the Service;
(m) n. have sufficient rights in and to all Content that You provide, transmit or otherwise convey to CamCare FAL in connection with the Service;
(n) o. agree not to re-sell or assign Your rights or obligations under this Agreement;
(o) ; p. will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
(p) q. will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of CamCareFAL, which consent may be withheld by CamCare FAL in our discretion;
(q) grant ; x. xxxxx us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
(r) ; s. agree not to create an account or use CamCare FAL services if Your account previously has been terminated by CamCare FAL or if You previously have been banned from using the services; and
(s) and t. agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourselfYourself; (ii) impersonate any person or entity, including, but not limited to, CamCare FAL personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection. CamCare The reviews and ratings that You provide do not reflect the views of FAL, its officers, managers, owners, employees, agents, designees or other users. In addition, FAL retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. CamCare FAL may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, CamCare FAL may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
Appears in 1 contract
Samples: Local Listing Agreement
Your Conduct. In connection with Your You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability. vFairs LLC will not be responsible or liable for any use of your Content by vFairs LLC in accordance with these Terms. You represent and warrant that You:
(a) are above you have all the age rights, power and authority necessary to grant the rights granted herein to any Content that you submit, including all necessary rights to upload your Content for use in accordance with these Terms. You agree not to post Content that: • may create a risk of eighteen (18);
(b) will abide harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; • may create a risk of any other loss or damage to any person or property; • seeks to harm or exploit children by the letter and spirit of the terms and conditions of this Agreement and all applicable localexposing them to inappropriate content, state, national asking for personally identifiable details or international laws;
(c) will not submit otherwise; • may constitute or contribute to a crime or tort; • contains any conversations information or content that may be considered by CamCare we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
; • contains any information or content that is illegal (d) including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); • contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or • contains any information or content that you know is not correct and current. You agree that any Content that you post does not and will not impersonateviolate rights of any kind, or attempt to impersonateincluding, without limitation, any other personintellectual property rights or rights of privacy. We reserve the right, falsify contact informationbut are not obligated, misrepresent a relationship with to reject and/or remove any person Content that we believe, in our sole discretion, violates these provisions. We reserve the right at all times, but are not obligated, to remove or entityrefuse to distribute any Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to • satisfy any applicable law, regulation, legal process or governmental request, • enforce the Terms, including misrepresenting a relationship with CamCareinvestigation of potential violations, • detect, prevent, or otherwise attempt address fraud, security or technical issues, • respond to mislead user support requests, or • protect the rights, property or safety of vFairs LLC, its users and the public. You are solely responsible for your conduct, the content of your files and folders, and your communications with others as to the identity of the sender;
(e) will not submit communication that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(h) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(i) will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(j) will not attempt to gain unauthorized access to while using the Service. For example, other user accounts, or other computer systems or networks connected it's your responsibility to ensure that you have the Service;
(k) will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(l) will not use the Service in any way that could interfere with the rights of CamCare or the rights of other users of the Service;
(m) have sufficient rights in and to all Content that You provide, transmit or otherwise convey to CamCare in connection with the Service;
(n) agree not to re-sell or assign Your rights or obligations under this Agreement;
(o) will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
(p) will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of CamCare, which consent may be withheld by CamCare in our discretion;
(q) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
(r) agree not to create an account or use CamCare services if Your account previously has been terminated by CamCare or if You previously have been banned from using the services; and
(s) agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, CamCare personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection. CamCare retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. CamCare may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails permission needed to comply with these Terms. We may choose to review content for compliance with our community guidelines, but you acknowledge that vFairs LLC has no obligation to monitor any information on the Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the terms and conditions of this Agreement. Additionally, CamCare may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this AgreementService.
Appears in 1 contract
Samples: Terms of Service
Your Conduct. In connection with Your use of the ServiceSite will comply fully with all applicable laws, rules and regulations of the Agreement. The following requirements and other provisions of the Agreement will not limit the generality of this requirement: if you choose to provide us with information, it will be true and up-to-date; you will not impersonate another person while using this Site; you will not upload, post, email or otherwise send to us, to the Site or to any other person via the Site, any material that contains viruses, bugs, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; infringes on the intellectual property rights or other rights, including privacy or publicity rights, of any person or entity; unless you have our written permission, promotes or endorses any company or person, any product or service, or any charitable cause; refers to a URL of a website that competes with the Site or that contains, depicts, or promotes illegal content, materials, or activities; requests personally identifiable information; or is abusive, illegal, libelous, defamatory, obscene, threatening, or otherwise unacceptable to us, in our sole discretion. All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, stories, exercises, curriculum, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the “Material”) are the property of the DGCM and/or its subsidiaries, affiliates, assigns, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. The DGCM hereby grants you a personal, non-exclusive, non-assignable, and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of the DGCM. Use of the DGCM and/or its licensors’ Material is only permitted with prior express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas, images, and opinions (the “Postings”), please be advised that Postings do not necessarily reflect the views of the DGCM. In no event shall the DGCM assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that You:
(a) are above the age of eighteen (18);
(b) will abide by the letter and spirit of the terms and conditions of this Agreement and you have all applicable local, state, national or international laws;
(c) will not submit any conversations that may be considered by CamCare to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
(d) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with CamCare, or otherwise attempt to mislead others as to the identity of the sender;
(e) will not submit communication that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(h) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(i) will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(j) will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
(k) will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(l) will not use the Service in any way that could interfere with the rights of CamCare or the rights of other users of the Service;
(m) have sufficient necessary rights in and to all Content Postings you provide and all information they contain and that You providesuch Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, transmit tortious, or otherwise convey unlawful information. You hereby authorize the DGCM to CamCare use your Postings in connection with whole or in part, on a royalty-free basis, for non-commercial purposes only, throughout the Service;
(n) agree not to re-sell universe in perpetuity in any and all media, now known or assign Your rights hereafter devised, alone, or obligations under this Agreement;
(o) will not reproduce, duplicate, copy, sell, re-sell together or exploit as part of other material of any Content;
(p) will not access any Content for any commercial, educational kind or other purposes not related to Your personal purchasing decisionsnature. Without limiting the foregoing, the express written consent DGCM will have the right to use and change the Postings in any manner that the DGCM may determine. Additionally, the DGCM may sweep its chatrooms and/or message boards periodically in its sole discretion and reserves the right to refuse to post, edit, or delete messages that violate these rules, as well as revoke the privileges of CamCareusers who do not comply with such rules. The DGCM does not allow Postings that contain: private or personal information which might identify a user; profanity or obscenities; personal attacks on other individuals; or slanderous, which consent defamatory, obscene, pornographic, threatening and harassing comments, and/or other information that the DGCM deems in its sole discretion to be inappropriate for this Site. The blogs and message boards may be withheld by CamCare in our discretion;
(q) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license used for noncommercial purposes only. You may not post any information intended to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
(r) agree not to create an account or use CamCare services if Your account previously has been terminated by CamCare or if You previously have been banned from using the services; and
(s) agree not to: (i) register promote and/or generate revenue for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, CamCare personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing business activity. If you believe that any of content on the foregoing activities in this subsection. CamCare retains the rightSite (including, in its sole discretionwithout limitation, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. CamCare may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with Postings) violates any of the terms and conditions of this AgreementAgreement please send us a message about it to us at xxxx@xxxxxxx.xxx. Additionally, CamCare may seek We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any and or all other remedies steps available to itus once we receive any such message. THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, including: WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DGCM IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE DGCM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY THE DGCM OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE DGCM’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (aWHETHER IN CONTRACT, TORT OR OTHERWISE) seeking injunctive relief with any court EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. The appearance of competent jurisdiction to enjoin any breach external hyperlinks generated by third parties does not constitute endorsement by the DGCM, its subsidiaries, affiliates, assigns or failure to comply with any licensors of the terms opinions or views expressed by these third party websites and conditions of this Agreement; and/or (b) if damages are ascertainablethe DGCM does not verify, seeking damages relating to any breach endorse, or failure to comply with any take responsibility for the accuracy, currency, completeness, or quality of the terms and conditions content contained at these sites. Furthermore, the DGCM is not responsible for the quality or delivery of this Agreementthe products or services offered, accessed, obtained by, or advertised at such sites. As such, neither the DGCM nor its subsidiaries, affiliates, assigns, or licensors will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, the DGCM will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third-party hyperlinked sites.
Appears in 1 contract
Samples: Terms of Use
Your Conduct. In connection with Your use of the Service, You represent and warrant that You:
(a) 1. are above the age of eighteen (18);
(b) 2. will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) 3. will not submit any conversations reviews that may be considered by CamCare Xxxxx’s List to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
4. will submit thorough and thoughtful reviews of the Service Providers You review (d) for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
5. will not submit reviews that comment on other users or the reviews of other users;
6. will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with CamCareXxxxx’s List, or otherwise attempt to mislead others as to the identity of the sendersender or the origin of a review or rating;
(e) 7. will not submit communication reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(h) 8. will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(i) 9. will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(j) 10. will not take any action that would undermine the review and rating process under the Service;
11. will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
(k) 12. will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(l) 13. will not use the Service in any way that could interfere with the rights of CamCare Xxxxx’s List or the rights of other users of the Service;
(m) 14. have sufficient rights in and to all Content that You provide, transmit or otherwise convey to CamCare Xxxxx’s List in connection with the Service;
(n) 15. agree not to re-sell or assign Your rights or obligations under this Agreement;
(o) 16. will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
(p) 17. will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of CamCareXxxxx’s List, which consent may be withheld by CamCare Xxxxx’s List in our discretion;
(q) 18. grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
(r) 19. agree not to create an account or use CamCare Xxxxx’s List services if Your account previously has been terminated by CamCare Xxxxx’s List or if You previously have been banned from using the services; and
(s) 20. agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourselfYourself; (ii) impersonate any person or entity, including, but not limited to, CamCare Xxxxx’s List personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection. CamCare The reviews and ratings that You provide do not reflect the views of Xxxxx’s List, its officers, managers, owners, employees, agents, designees or other users. In addition, Xxxxx’s List retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. CamCare Xxxxx’s List may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, CamCare Xxxxx’s List may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
Appears in 1 contract
Samples: Membership Agreement
Your Conduct. In connection with Your use of the Service, You represent and warrant that You:
(a) a. are above the age of eighteen (18);
(b) b. will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) c. will not submit any conversations reviews that may be considered by CamCare FAL to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
x. xxxx submit thorough and thoughtful reviews of the FAL Listed Providers You review (d) for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
e. will not submit reviews that comment on other users or the reviews of other users;
f. will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with CamCareFAL, or otherwise attempt to mislead others as to the identity of the sendersender or the origin of a review or rating;
(e) g. will not submit communication reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(h) h. will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(i) i. will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(j) j. will not take any action that would undermine the review and rating process under the Service;
k. will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
(k) l. will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(l) m. will not use the Service in any way that could interfere with the rights of CamCare FAL or the rights of other users of the Service;
(m) n. have sufficient rights in and to all Content that You provide, transmit or otherwise convey to CamCare FAL in connection with the Service;
(n) o. agree not to re-sell or assign Your rights or obligations under this Agreement;
(o) ; p. will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
(p) q. will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of CamCareFAL, which consent may be withheld by CamCare FAL in our discretion;
(q) grant ; x. xxxxx us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
(r) ; s. agree not to create an account or use CamCare FAL services if Your account previously has been terminated by CamCare FAL or if You previously have been banned from using the services; and
(s) and t. agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourselfYourself; (ii) impersonate any person or entity, including, but not limited to, CamCare FAL personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection. CamCare The reviews and ratings that You provide do not reflect the views of FAL, its officers, managers, owners, employees, agents, designees or other users. In addition, FAL retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. CamCare FAL may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, CamCare FAL may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
Appears in 1 contract
Samples: Local Listing Agreement
Your Conduct. In connection with Your use of You agree not to harass, advocate harassment, or engage in any conduct that is abusive or harmful to any Entity or illegal under applicable gaming, financial regulatory, or other law or regulation. You agree that you will not violate any law, contract, intellectual property, or other third-party rights and that you are solely responsible for your conduct and content while accessing or using the Service, . You represent and warrant also agree that You:
(a) are above the age of eighteen (18);
(b) you will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) will not submit any conversations that may be considered by CamCare to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
(d) will not impersonate, not: ◦ Use or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any use another user’s Account without authorization from such user; ◦ Pose as another person or entity; ◦ Access the Service from a different address if we’ve blocked any of your other addresses from accessing the Service unless you have our written permission first; ◦ Distribute spam, including misrepresenting a relationship sending unwanted NFTs to other users; ◦ Use the Service – including through disseminating any software or interacting with CamCareany API – that could damage, disable, overburden, or otherwise attempt to mislead others as to impair the identity functioning of the sender;
(e) will not submit communication Service in any manner; ◦ Bypass or ignore instructions that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(h) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(i) will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(j) will not attempt to gain unauthorized control access to the Service, other user accountsincluding attempting to circumvent any rate-limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to FITCHIN; ◦ Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other computer systems automated means or networks connected interface not authorized by us to access the Service;
, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality; ◦ Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service; ◦ Sell or resell the Service or attempt to circumvent any FITCHIN fee systems; ◦ Use the Service or data collected from our Service for any advertising or direct marketing activity (k) will not use including without limitation, email marketing, SMS marketing, and telemarketing); ◦ Use the Service for money laundering, terrorist financing, or other illicit finance; ◦ Use the Service from a country sanctioned by the government of the United States or to facilitate transactions involving individuals sanctioned by the government of the United States or located in sanctioned countries; ◦ Use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity; ◦ Use the Service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items; ◦ Infringe or violate the intellectual property rights or any other rights of others; ◦ Use the Service in any manner that infringescould interfere with, misappropriates disrupt, negatively affect or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(l) will not use inhibit other users from fully enjoying the Service such as harassing or advocating harassment or engaging in any way conduct that could interfere with is abusive or harmful to any Entity We reserve the right but are not obligated, to investigate and/or prohibit any conduct, or remove or refuse to post any Content (including Your Content), that we deem in our sole discretion to be unlawful, in breach of this Agreement, or violative of the rights of CamCare or the rights of other users of the Service;
(m) have sufficient rights in and to all Content that You provideothers, transmit or otherwise convey offensive to CamCare in connection You, the Platform, other Users, our rights, any Entity or that may be harmful to others, our operations, or reputation. We assume no liability and shall not be liable directly or indirectly for any action or inaction with the Service;
(n) agree not respect to re-sell Your conduct, communication, transactions, or assign Your rights or obligations under this Agreement;
(o) will not reproduceContent. Additionally, duplicate, copy, sell, re-sell or exploit any Content;
(p) will not access we may disclose any Content for or electronic communication of any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of CamCare, which consent may be withheld by CamCare in our discretion;
(q) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
(r) agree not to create an account or use CamCare services if Your account previously has been terminated by CamCare or if You previously have been banned from using the services; and
(s) agree not tokind: (i) register for more than one account to satisfy any law or register for an account on behalf of an individual other than yourselfrequest by a governmental authority; (ii) impersonate any person if such disclosure is necessary or entityappropriate to operate the Platform; (iii) to protect our rights or property, includingour Users and customers, but not limited to, CamCare personnelYou, or falsely state or otherwise misrepresent Your affiliation with a person or entityany other Entity; or (iiiiv) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection. CamCare retains the rightif, in its our sole discretion, such Content or electronic communication should be referred to determine whether law enforcement or not other government authorities. Furthermore, in addition to removing any of Your use Content, FITCHIN hereby reserves the right to suspend and/or remove You from the Platform for violations of the Service is consistent with the terms and conditions Section 4 of this Agreement. CamCare may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, CamCare may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this AgreementAgreement as described in Section 20.
Appears in 1 contract
Samples: Terms of Use
Your Conduct. In connection with Your use of You agree not to harass, advocate harassment, or engage in any conduct that is abusive or harmful to any Entity or illegal under applicable gaming, financial regulatory, or other law or regulation. You agree that you will not violate any law, contract, intellectual property, or other third-party rights and that you are solely responsible for your conduct and content while accessing or using the Service, . You represent and warrant also agree that You:
(a) are above the age of eighteen (18);
(b) you will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) will not submit any conversations that may be considered by CamCare to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
(d) will not impersonate, not: ◦ Use or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any use another user’s Account without authorization from such user; ◦ Pose as another person or entity; ◦ Access the Service from a different address if we’ve blocked any of your other addresses from accessing the Service unless you have our written permission first; ◦ Distribute spam, including misrepresenting a relationship sending unwanted NFTs to other users; ◦ Use the Service – including through disseminating any software or interacting with CamCareany API – that could damage, disable, overburden, or otherwise attempt to mislead others as to impair the identity functioning of the sender;
(e) will not submit communication Service in any manner; ◦ Bypass or ignore instructions that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(h) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(i) will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(j) will not attempt to gain unauthorized control access to the Service, other user accountsincluding attempting to circumvent any rate-limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to FITCHIN; ◦ Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other computer systems automated means or networks connected interface not authorized by us to access the Service;
, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality; ◦ Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service; ◦ Sell or resell the Service or attempt to circumvent any FITCHIN fee systems; ◦ Use the Service or data collected from our Service for any advertising or direct marketing activity (k) will not use including without limitation, email marketing, SMS marketing, and telemarketing); ◦ Use the Service for money laundering, terrorist financing, or other illicit finance; ◦ Use the Service from a country sanctioned by the government of the United States or to facilitate transactions involving individuals sanctioned by the government of the United States or located in sanctioned countries; ◦ Use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity; ◦ Use the Service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items; ◦ Infringe or violate the intellectual property rights or any other rights of others; ◦ Use the Service in any manner that infringescould interfere with, misappropriates disrupt, negatively affect or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(l) will not use inhibit other users from fully enjoying the Service such as harassing or advocating harassment or engaging in any way conduct that could interfere with is abusive or harmful to any Entity We reserve the right but are not obligated, to investigate and/or prohibit any conduct, or remove or refuse to post any Content (including Your Content), that we deem in our sole discretion to be unlawful, in breach of this Agreement, or violative of the rights of CamCare or the rights of other users of the Service;
(m) have sufficient rights in and to all Content that You provideothers, transmit or otherwise convey offensive to CamCare You, the Platform, other Users, our rights, any Entity or that may be harmful to others, our operations, or reputation. You hereby forfeit any right, interest, reward, prize or other benefit (whether monetary or otherwise) earned or received in connection with or as a result of such activity, and FITCHIN reserves the Service;
(n) agree right to retain or redirect any such benefit. We assume no liability and shall not be liable directly or indirectly for any action or inaction with respect to re-sell Your conduct, communication, transactions, or assign Your rights or obligations under this Agreement;
(o) will not reproduceContent. Additionally, duplicate, copy, sell, re-sell or exploit any Content;
(p) will not access we may disclose any Content for or electronic communication of any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of CamCare, which consent may be withheld by CamCare in our discretion;
(q) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
(r) agree not to create an account or use CamCare services if Your account previously has been terminated by CamCare or if You previously have been banned from using the services; and
(s) agree not tokind: (i) register for more than one account to satisfy any law or register for an account on behalf of an individual other than yourselfrequest by a governmental authority; (ii) impersonate any person if such disclosure is necessary or entity, including, but not limited to, CamCare personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entityappropriate to operate the Platform; or (iii) advocateto protect our rights or property, encourage our Users and customers, You, or assist any third party in doing any of the foregoing activities in this subsection. CamCare retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. CamCare may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, CamCare may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this AgreementEntity; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.or
Appears in 1 contract
Samples: Terms of Use
Your Conduct. In connection with Your use You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the Serviceperson providing the said content, or of the person whose user account is used. You represent and warrant agree that Youthis web site may expose you to content that may be objectionable or offensive. "The Site" will not be responsible to you in any way for content displayed on this web site, nor for any error or omission. By using this web site or any service provided, you explicitly agree that:
(a) are above you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the age operation of eighteen (18)this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will abide not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international lawsyou;
(c) you will not submit collect or harvest any conversations that may be considered by CamCare to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionableinformation about other users;
(d) you will not impersonateprovide, and you will not use this web site to provide, any content or service in any commercial manner, or attempt to impersonatein any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other person, falsify contact information, misrepresent a relationship with form of unauthorized advertising or commerce; you will not use this web site to promote or operate any person service or entity, including misrepresenting a relationship with CamCare, or otherwise attempt to mislead others as to the identity of the sendercontent without "The Site’s” prior written consent;
(e) you will not submit communication provide any content that are encrypted may give rise to "The Site" being held civilly or criminally liable, or that contain virusesmay be considered a violation of any local, Trojan horsesnational, wormsor international law, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(h) will not access, download or copy any information contained on our Website through artificial means (including -- but not limited to spiders-- laws relating to copyrights, hacking devicestrademarks, computer programs, bots or other such means);
(i) will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(j) will not attempt to gain unauthorized access to the Service, other user accountspatents, or other computer systems or networks connected trade secrets. By using "The Site", you agree to be contacted by the Service;
(k) will not use the Service in any manner that infringessite administration, misappropriates or violates any third party’s rightsregardless of your account settings, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(l) will not use the Service in any way that could interfere with the rights of CamCare or the rights of other users of the Service;
(m) have sufficient rights in and when it becomes necessary to all Content that You provide, transmit or otherwise convey to CamCare in connection with the Service;
(n) agree not to re-sell or assign Your rights or obligations under this Agreement;
(o) will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
(p) will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of CamCare, which consent may be withheld by CamCare in our discretion;
(q) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
(r) agree not to create an do so regarding your account or use CamCare services if Your account previously has been terminated by CamCare or if You previously have been banned from using the services; and
(s) agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, CamCare personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection. CamCare retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. CamCare may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, CamCare may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreementactivity.
Appears in 1 contract
Samples: Terms of Service