Common use of Your Conduct Clause in Contracts

Your Conduct. Your use of the Site 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. OWNERSHIP OF INTELLECTUAL PROPERTY 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. CHATROOM / MESSAGE BOARDS / PROFILES / ET CETERA 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 have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize the DGCM to use your Postings in whole or in part, on a royalty-free basis, for non-commercial purposes only, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, the 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 users 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, 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 used for noncommercial purposes only. You may not post any information intended to promote and/or generate revenue for any third party business activity. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement please send us a message about it to us at xxxx@xxxxxxx.xxx. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, 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 (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIRD PARTY HYPERLINKS The appearance of external hyperlinks generated by third parties does not constitute endorsement by the DGCM, its subsidiaries, affiliates, assigns or licensors of the opinions or views expressed by these third party websites and the DGCM does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, the DGCM is not responsible for the quality or delivery of the 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.

Your Conduct. Your use of the Site will comply fully with all You agree not to harass, advocate harassment, or engage in any conduct that is abusive or harmful to any Entity or illegal under applicable lawsgaming, rules and regulations of the Agreementfinancial regulatory, or other law or regulation. 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 agree that you will not impersonate 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 also agree that you will not: ◦ Use or attempt to use another user’s Account without authorization from such user; ◦ Pose as another person while 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 sending unwanted NFTs to other users; ◦ Use the Service – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Service in any manner; ◦ Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate-limiting systems by using this Sitemultiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to FITCHIN; you will ◦ Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not uploadauthorized by us to access the Service, postextract 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 (including without limitation, email marketing, SMS marketing, and telemarketing); ◦ Use the Service for money laundering, terrorist financing, or otherwise send to us, to other illicit finance; ◦ Use the Site 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 person via the Site, any material that contains viruses, bugs, illegally obtained items; ◦ Infringe 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 violate the intellectual property rights or any other rights of others; ◦ Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service such as harassing or advocating harassment or engaging in any conduct that 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 others, or otherwise offensive to You, the Platform, other Users, our rights, including privacy any Entity or publicity rightsthat 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 respect to Your conduct, communication, transactions, or Content. Additionally, we may disclose any Content or electronic communication of any person kind: (i) to satisfy any law or entityrequest by a governmental authority; unless you have (ii) if such disclosure is necessary or appropriate to operate the Platform; (iii) to protect our written permissionrights or property, promotes or endorses any company or personour Users and customers, any product or serviceYou, 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 informationother Entity; or is abusive, illegal, libelous, defamatory, obscene, threatening, or otherwise unacceptable to us(iv) if, in our sole discretion. OWNERSHIP OF INTELLECTUAL PROPERTY All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, stories, exercises, curriculum, such Content or electronic communication should be referred to law enforcement or other copyrightable elementsgovernment authorities. Furthermore, and the selection and arrangements thereofin addition to removing any of Your Content, 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 FITCHIN 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. CHATROOM / MESSAGE BOARDS / PROFILES / ET CETERA 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 have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize the DGCM to use your Postings in whole or in part, on a royalty-free basis, for non-commercial purposes only, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, the 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 suspend and/or remove You from the privileges Platform for violations of users 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, 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 used for noncommercial purposes only. You may not post any information intended to promote and/or generate revenue for any third party business activity. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms Section 4 of this Agreement please send us a message about it to us at xxxx@xxxxxxx.xxx. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, 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 (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIRD PARTY HYPERLINKS The appearance of external hyperlinks generated by third parties does not constitute endorsement by the DGCM, its subsidiaries, affiliates, assigns or licensors of the opinions or views expressed by these third party websites and the DGCM does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, the DGCM is not responsible for the quality or delivery of the 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 as described 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 sitesSection 20.

Your Conduct. Your use of the Site will comply fully with all You agree not to harass, advocate harassment, or engage in any conduct that is abusive or harmful to any Entity or illegal under applicable lawsgaming, rules and regulations of the Agreementfinancial regulatory, or other law or regulation. 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 agree that you will not impersonate 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 also agree that you will not: ◦ Use or attempt to use another user’s Account without authorization from such user; ◦ Pose as another person while 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 sending unwanted NFTs to other users; ◦ Use the Service – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Service in any manner; ◦ Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate-limiting systems by using this Sitemultiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to FITCHIN; you will ◦ Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not uploadauthorized by us to access the Service, postextract 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 (including without limitation, email marketing, SMS marketing, and telemarketing); ◦ Use the Service for money laundering, terrorist financing, or otherwise send to us, to other illicit finance; ◦ Use the Site 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 person via the Site, any material that contains viruses, bugs, illegally obtained items; ◦ Infringe 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 violate 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. OWNERSHIP OF INTELLECTUAL PROPERTY 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. CHATROOM / MESSAGE BOARDS / PROFILES / ET CETERA 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 have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize others; ◦ Use the DGCM to use your Postings in whole or in part, on a royalty-free basis, for non-commercial purposes only, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, the DGCM will have the right to use and change the Postings Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the DGCM may determine. AdditionallyService such as harassing or advocating harassment or engaging in any conduct that 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 others, or otherwise offensive to You, the DGCM Platform, other Users, our rights, any Entity or that may sweep its chatrooms and/or message boards periodically 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 its sole discretion connection with or as a result of such activity, and FITCHIN reserves the right to refuse 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 postYour conduct, editcommunication, transactions, or delete messages that violate these rulesContent. Additionally, as well as revoke we may disclose any Content or electronic communication of any kind: (i) to satisfy any law or request by a governmental authority; (ii) if such disclosure is necessary or appropriate to operate the privileges of users who do not comply with such rules. The DGCM does not allow Postings that contain: private Platform; (iii) to protect our rights or personal information which might identify a user; profanity or obscenities; personal attacks on other individuals; or slanderousproperty, defamatoryour Users and customers, 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 used for noncommercial purposes only. You may not post any information intended to promote and/or generate revenue for any third party business activity. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement please send us a message about it to us at xxxx@xxxxxxx.xxx. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, 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 (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIRD PARTY HYPERLINKS The appearance of external hyperlinks generated by third parties does not constitute endorsement by the DGCM, its subsidiaries, affiliates, assigns or licensors of the opinions or views expressed by these third party websites and the DGCM does not verify, endorseYou, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, the DGCM is not responsible for the quality or delivery of the 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.Entity; or

Your Conduct. Your As a condition of your use of the Site DeskKing Service, you agree and warrant to DeskKing that you will comply fully not use the DeskKing Service for any purpose that is unlawful or prohibited by the User Agreement. You may not use the DeskKing Service in any manner that could damage, impair, disable or overburden the DeskKing Service, interfere in any way with DeskKing’s rights, interfere in any way with any other user’s use and enjoyment of the DeskKing Service, or otherwise infringe on any person’s rights. Specifically, you agree and warrant to DeskKing that:  You will not use, or attempt to use, the DeskKing Service to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, indecent, objectionable, or invasive of another person’s privacy or proprietary rights.  You will follow the letter and spirit of the terms of the User Agreement and all applicable laws, rules and regulations of the Agreement. The following requirements and other provisions of the Agreement  You will not limit use, or attempt to use, the generality of this requirement: if you choose to provide us DeskKing Service in connection with informationany junk messages, it will be true and up-to-date; you spamming or messages that are duplicative or unsolicited in nature.  You will not impersonate another person while using this Site; you will not uploadsend, postor attempt to send, email or otherwise send messages to usemergency lines, to the Site any health care facility or similar establishment, to numbers assigned to radio common carrier services or to any other person via service for which the Sitecalled party is charged for the call.  You will not transmit, or attempt to transmit, any material that contains virusesmay infringe the contractual, bugsfiduciary, 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. OWNERSHIP OF INTELLECTUAL PROPERTY 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. CHATROOM / MESSAGE BOARDS / PROFILES / ET CETERA 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 have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties parties, including trademark, copyright or contain the right of publicity.  You will not impersonate, or attempt to impersonate, any libelousother person, tortiousfalsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with DeskKing, or otherwise unlawful informationattempt to mislead others as to the identity of the sender or the origin of a message.  You hereby authorize the DGCM to use your Postings in whole or in part, on a royalty-free basis, for non-commercial purposes only, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alonewill not resell, or together or as part of other material of any kind or nature. Without limiting the foregoingattempt to resell, the 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 users 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, 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 used for noncommercial purposes only. You may not post any information intended to promote and/or generate revenue for any third party business activity. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement please send us a message about it to us at xxxx@xxxxxxx.xxx. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, 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 (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIRD PARTY HYPERLINKS The appearance of external hyperlinks generated by third parties does not constitute endorsement by the DGCM, its subsidiaries, affiliates, assigns or licensors of the opinions or views expressed by these third party websites and the DGCM does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, the DGCM is not responsible for the quality or delivery of the 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 sitesthe DeskKing Service without express, prior written consent/permission from DeskKing. Finally, the DGCM  You will under no circumstances be liable for any direct, indirect, incidentalnot collect, or special loss attempt to collect, or store information about the DeskKing Service or other damageusers, whether arising from negligenceincluding contact information, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distributionwithout their consent.  You will not interfere, or exploitation attempt to interfere, with or disrupt connections to the DeskKing Service or violate the regulations, policies or procedures of any information such connections.  You will not attempt to gain unauthorized access to the DeskKing Service, other accounts, computer systems or content contained within these third-party hyperlinked sitesnetworks connected to the DeskKing Service.  You agree and DeskKing retains the right, at its sole discretion, to determine whether or not User’s conduct is consistent with the letter and spirit of the User Agreement. DeskKing may immediately terminate User’s DeskKing account if User’s conduct is found to be inconsistent with this User Agreement.

Your Conduct. Your use of the Site 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 agree that you will not impersonate another person while using this Site; NOT use the Service (nor will you will not permit anyone else to use the Service) to:  upload, download, post, email email, transmit, store or otherwise send make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable;  stalk, harass, or threaten another;  request or collect personal or other information from a minor who is not personally known to usyou or otherwise use the Service to harm a minor in any way; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;  engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;  send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters;  forge any header or otherwise manipulate identifiers in order to mislead recipients as to the Site origin of any Content transmitted through the Service;  send, transmit, store, or to any other person via the Site, otherwise make available any material that contains viruses, bugs, viruses or any other computer code, files, files or programs designed to interruptharm, destroy, interfere or limit the functionality normal operation of the Service (or any part thereof), or any other computer software or hardware hardware;  interfere with or telecommunications equipment; infringes on disrupt the intellectual property rights Service (including accessing the Service through any automated means, like scripts 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 serviceweb crawlers), or any charitable cause; refers servers or networks connected to a URL of a website that competes with the Site or that contains, depictsService, or promotes any policies, requirements or regulations of networks connected to the Service;  take any action that imposes an unreasonable or disproportionately large load on the Service Provider or its suppliers;  plan or engage in any illegal content, materials, or activitiesactivity; requests personally identifiable information; or is abusive, illegal, libelous, defamatory, obscene, threatening, or otherwise unacceptable to us, in our sole discretion. OWNERSHIP OF INTELLECTUAL PROPERTY All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, stories, exercises, curriculum, or and/or  gather and store personal information on any other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the “Material”) are the property users 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. CHATROOM / MESSAGE BOARDS / PROFILES / ET CETERA 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 have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize the DGCM to use your Postings in whole or in part, on a royalty-free basis, for non-commercial purposes only, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, the 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 users 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, defamatory, obscene, pornographic, threatening and harassing comments, and/or other information that the DGCM deems in its sole discretion Service to be inappropriate for this Site. The blogs and message boards may be used for noncommercial purposes only. You may not post any information intended to promote and/or generate revenue for any third party business activity. If you believe that any content on the Site (including, without limitation, Postings) violates in connection with any of the terms of this Agreement please send us a message about it to us at xxxx@xxxxxxx.xxx. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, 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 (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIRD PARTY HYPERLINKS The appearance of external hyperlinks generated by third parties does not constitute endorsement by the DGCM, its subsidiaries, affiliates, assigns or licensors of the opinions or views expressed by these third party websites and the DGCM does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, the DGCM is not responsible for the quality or delivery of the 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 sitesforegoing prohibited activities.