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Common use of Your Use of the Services Clause in Contracts

Your Use of the Services. You agree not to assign, transfer or sublicense your rights as a registered user of the Services. You understand that only you may use your administrative user account and password, and that your subscription to the Services may not be shared with others. You agree to be financially responsible for all usage or activity of the Services subscribed by you. By subscribing to the Services, you represent that you are a United States citizen, entity or resident with a valid United States or United States territory mailing address. You agree that you may not use or otherwise export or re-export the Services except as authorized by United States law. In particular, without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list and that you will not provide access to any agent to act on your behalf in such a country. You acknowledge and understand that you are solely responsible for providing, maintaining and ensuring compatibility with the Services access requirements, all hardware, software, electrical or other physical requirements for use of the Services, including without limitation, telecommunications and internet service provider access, connections, or other equipment, programs and service required to access the internet to use the Services. You shall be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit or store via the Services and you represent and warrant that you have obtained from end users that you contact or cause to be contacted through the Services all consents required under applicable laws. You are solely responsible for verifying the Services suitability for your needs. By submitting communications or content to any public area of the Services, you agree that such submission is non-confidential for all purposes. You agree that you shall not, and shall not permit any third party, to: (a) use the Services to store, transmit through, or post infringing, libelous, or otherwise unlawful, tortious, defamatory, threatening, vulgar, or obscene material or material that may be harmful to minors, or to store or transmit material in violation of third-party privacy rights, (b) use the Services to store or transmit viruses or other harmful or deleterious computer code, files, scripts, agents, or programs, (c) interfere with or disrupt the integrity or performance of the Services or the data contained therein, (d) attempt to gain unauthorized access to the Services or its related systems or networks, (e) create derivative works based on the Services or any part, feature, function or user interface thereof, (f) frame or mirror any part of the Services, other than framing on your own intranets or otherwise for your own internal business purposes, or (g) send spam or any other form of duplicative and unsolicited commercial electronic mail messaging to include email, text messaging or similar electronic communication while using the Services, or without obtaining and maintaining any necessary legal consents required from your customers or end users, (h) harvest, collect, gather or assemble information or data regarding other users of the Services without their consent. All ideas, inventions, concepts and feedback which is provided by you to us in connection with the Services may be used by us to improve or enhance our Services, and accordingly, you grant us an exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to us, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such information without restriction for any lawful purpose, including any commercial purpose. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services. If you do not abide by the terms of the Agreement, you agree that we may terminate your access to the Services and/or immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Services. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of the Services made by us pursuant to any provision of the Agreement, or any policies or practices by us in providing the Services, including without limitation any change in template content, administrative tool content, or any change in the amount or type of fees or charges associated with the Services, is to cancel or terminate your subscription. From time to time, we may supplement the Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be posted on our website, or, in our sole discretion, otherwise communicated to you in any end user messaging within your Services or by such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You understand and agree that such Additional Terms are hereby incorporated by reference into the Agreement.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

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Your Use of the Services. You agree not to assign, transfer or sublicense your rights as a registered user of the Services. You understand that only you may use your administrative user account and password, and that your subscription to the Services may not be shared with others. You agree to be financially responsible for all usage or activity of the Services subscribed by you. By subscribing to the Services, you represent that you are a United States citizen, entity or resident with a valid United States or United States territory mailing address. You agree that you may not use or otherwise export or re-export the Services except as authorized by United States law. In particular, without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list and that you will not provide access to any agent to act on your behalf in such a country. 3.1 You acknowledge and understand that you are solely responsible for providingcertain Services require and utilize phone service, maintaining and ensuring compatibility with the Services data access requirements, all hardware, software, electrical or other physical requirements for use of the Services, including without limitation, telecommunications and internet service provider access, connections, or other equipment, programs and service required to access the internet to use the Servicestext messaging capability. You shall be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit or store via the Services and you represent and warrant that you have obtained from end users that you contact or cause to be contacted through the Services all consents required under applicable laws. You are solely responsible for verifying the Services suitability for your needs. By submitting communications or content to any public area of the Services, you agree that such submission is non-confidential for all purposes. You agree that you shall not, and shall not permit any third party, to: (a) use the Services to store, transmit through, or post infringing, libelous, or Except as otherwise unlawful, tortious, defamatory, threatening, vulgar, or obscene material or material that may be harmful to minors, or to store or transmit material in violation of third-party privacy rights, (b) use the Services to store or transmit viruses or other harmful or deleterious computer code, files, scripts, agents, or programs, (c) interfere with or disrupt the integrity or performance of the Services or the data contained therein, (d) attempt to gain unauthorized access to the Services or its related systems or networks, (e) create derivative works based on the Services or any part, feature, function or user interface thereof, (f) frame or mirror any noted as part of the Services, other than framing on your own intranets or otherwise TFM does not charge for your own internal business purposesthe use of Services, or (g) send spam or any other form of duplicative but carrier rates for phone, data and unsolicited commercial electronic mail messaging to include email, text messaging or similar electronic communication while using the Services, or without obtaining may apply and maintaining You are responsible for any necessary legal consents required from your customers or end users, (h) harvest, collect, gather or assemble information or data regarding other users such charges. 3.2 The functional use of the Services without their consent. All ideas, inventions, concepts and feedback which is provided by you to us in connection with the Services may be used by us dependent on the data related to improve or enhance our ServicesYour geographic location and geopositional data, and accordingly, you grant us an exclusive, perpetual, irrevocable, royalty-free, worldwide right You acknowledge and license agree that Your failure to us, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such information without restriction for any lawful purpose, including any commercial purpose. In our sole discretion and without prior notice provide (or liability, we make accessible) that data may discontinue, modify or alter any aspect limit the functionality of the Services. If you do not abide by the terms of the Agreement, you agree that we may terminate your access to the Services and/or immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Services. You acknowledge that your only right TFM makes no warranty with respect to any dissatisfaction with any modification the accuracy of Services provided to You in reliance on location and geopositional data provided by You, the Mobile Application or discontinuation of the Services made by us pursuant to any provision of the Agreement, or any policies or practices by us in via Your Mobile Device. 3.3 In providing the Services, including without limitation any change in template contentwe do not actively monitor the display, administrative tool content, or any change in the amount or type transmission and exchange of fees or charges associated with Material (defined below) that is accessible by means of the Services, is nor do We maintain any obligation do to cancel so except as otherwise determined by us or terminate your subscriptionrequired by the laws of applicable jurisdictions. From time However, subject to timethe terms of our Privacy Policy, we may supplement reserve the Agreement right to monitor the Services for purposes of determining that their usage is in compliance with additional terms this License and conditions pertaining applicable laws. In addition, we maintain an absolute and unconditional right to specific content, activities review and remove Material accessible by or events (“Additional Terms”). Such Additional Terms may be posted on our website, ortransmitted through the Services that, in our sole discretion, otherwise communicated we believe is in violation of the law, of this License or is unacceptable to you us in our sole discretion. 3.4 You may be required to register and create an account ("Account") with TFM in order to use the Mobile Application and certain features of the Services. Information gathered through the registration process and information related to Your account will be subject to this License as well as to our Privacy Policy. You represent and warrant that all information provided by You when creating an Account is true, accurate and complete and that You will maintain, at all times, true, accurate and complete information related to Your Account. Information related to Your Account should be maintained by You in a confidential manner, as You are solely responsible for the usage of Your Account by any end user messaging within your third parties with respect to the Services. It is Your responsibility to advise us if You are aware of any unauthorized access to Your Account or if Your Account information has been made available by You to third-parties in a manner that may result in unauthorized usage of the Account. In our sole and absolute discretion, we may terminate Your Account for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of Your Account or any data or information that You may have stored by means of the Account and the Services. To the extent applicable, when utilizing the Services or using any Accounts, You are required to use the security procedures currently or hereafter maintained by such other means as we may deem appropriate from time us to time (including electronic mail or conventional mail)confirm that only authorized users have access to the Services and any Accounts. You understand are prohibited from utilizing alter-egos or other disguised identities when utilizing the Services. 3.5 You are under no obligation to use or continue to use the Services and agree that such Additional Terms are hereby incorporated by reference into may temporarily or permanently cease use of the AgreementServices without notice to TFM.

Appears in 1 contract

Samples: End User Software License Agreement

Your Use of the Services. Bouquet grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms, Bouquet Community Guidelines for Customers, and any other policies. You agree may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Bouquet written permission, you may not reverse engineer (including tracking the inputs and outputs flowing through our system or application in order to assign, transfer mimic or sublicense your rights as a registered user recreate the system or application) or attempt to extract the source code of the Services. You understand may only access the Services through the interfaces that only Bouquet provides for that purpose (for example, you may use your administrative user account and passwordnot “scrape” or “data mine” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services. You further agree that you will not use the Services or any information contained therein or obtained therefrom, including any output or other information derived from the Services, to directly or indirectly create, train, test, or improve any machine learning, large language, or artificial intelligence models, or similar or competing product, service, or technology (including for research purposes, open source, or other non-commercial use). Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). As between you and Bouquet, you retain all rights in any content that you upload or submit, and are solely responsible for that content. By uploading content, you represent and warrant that you either own it or are authorized to grant Bouquet the rights described in these Terms. You are responsible and liable if any of your subscription content violates or infringes the intellectual property or privacy rights of any third party. You grant Bouquet a non-exclusive, royalty-free, worldwide, transferable, sub licenseable, perpetual license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, or distribute any such content, and to use the content to train, test, or otherwise enhance our machine learning algorithms, for the purposes of operating, providing, and improving the Services. Bouquet may, in its sole discretion, remove or take down any content that you upload or submit to the Services may not be shared with othersfor any reason, including violation of these Terms, the Bouquet Community Guidelines for Customers, or any other policies. You agree to be financially responsible for all usage or activity may have the option of accessing the Services subscribed by youthrough downloadable software and this software may update itself automatically on your device. By subscribing to the ServicesSome software, you represent that you are a United States citizenor portions of software, entity or resident with a valid United States or United States territory mailing address. You agree that you may not use or otherwise export or re-export the Services except as authorized by United States law. In particular, without limitation, in the Services may not be exported governed by open source licenses. In that case, Bouquet will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or re-exported (a) into any U.S. embargoed countries or (b) portion of the software, to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity Listwhich it applies. By using the Services, you represent and warrant that you are not located of legal age in any such country or on any such list and that the jurisdiction in which you will not provide access reside to any agent to act on your behalf in such form a countrybinding contract with Bouquet. You acknowledge and understand that If you are solely responsible using Bouquet Services for providing, maintaining and ensuring compatibility with the Services access requirements, all hardware, software, electrical its intended purposes on behalf of a business or other physical requirements for use of the Servicesentity, including without limitation, telecommunications and internet service provider access, connections, or other equipment, programs and service required to access the internet to use the Services. You shall be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit or store via the Services and you represent and warrant that you have obtained from end users the necessary authority to bind that business or entity to these Terms and that you contact are agreeing to these Terms on behalf of that business or cause entity. In order to be contacted through the Services all consents required under applicable laws. You are solely responsible for verifying the Services suitability for your needs. By submitting communications or content to any public area of use the Services, you agree that such submission is non-confidential for all purposesmay need to create a user account. You agree that you shall notare responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services, you will adhere to the Bouquet Community Guidelines for Customers (which may be updated from time to time) and any other applicable policies, and shall not permit any third party, to: (a) you will respect those who you encounter in your use the Services to store, transmit through, or post infringing, libelous, or otherwise unlawful, tortious, defamatory, threatening, vulgar, or obscene material or material that may be harmful to minors, or to store or transmit material in violation of third-party privacy rights, (b) use the Services to store or transmit viruses or other harmful or deleterious computer code, files, scripts, agents, or programs, (c) interfere with or disrupt the integrity or performance of the Services or the data contained therein, (d) attempt to gain unauthorized access to the Services or its related systems or networks, (e) create derivative works based on the Services or any part, feature, function or user interface thereof, (f) frame or mirror any part of the Services, other than framing on your own intranets including Third Party Providers, Bouquet personnel, and individuals who support Instacart’s Help Center. Instacart reserves the right to decline orders, refuse partial or otherwise for your own internal business purposesfull delivery, terminate or restrict access to accounts or Services, and/or cancel orders at any time in its sole discretion. We’re constantly modifying and improving the Services. Bouquet may introduce new features, change existing features, or (g) send spam remove features from the Services at any time and without notice. If you provide Bouquet with any feedback on or any other form of duplicative and unsolicited commercial electronic mail messaging to include email, text messaging or similar electronic communication while using comments regarding the Services, you grant Instacart the right to use such feedback or comments for any purpose without obtaining and maintaining restriction or payment to you. If you have any necessary legal consents required from requests for order cancellations, refunds, or returns, please visit your customers account to initiate such requests or end usersreview our Help Center articles for our policies regarding the same. Please note that once a shopper has begun shopping your order and/or delivery has begun, (h) harvestyou may no longer have the option to reschedule or cancel the order. If we are able to reschedule or cancel your order, collectyou may be charged a fee and/or may not be refunded for items that have been purchased on your behalf. If Bouquet suspects or determines, gather in its sole discretion, any fraud, tampering, abuse, or assemble information or data regarding other users violation of our Terms of Service in connection with your use of the Services without their consent. All ideas(including but not limited to any order, inventions, concepts and feedback which is provided by you to us in connection with the Services may be used by us to improve or enhance our Services, and accordingly, you grant us an exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to us, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such information without restriction for any lawful purpose, including any commercial purpose. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services. If you do not abide by the terms of the Agreement, you agree that we may terminate your access to the Services and/or immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access torefund, or use ofof an incentive or benefit), Bouquet reserves the Services. You acknowledge that right to cancel the order, decline or reverse a refund, charge your only right with respect to any dissatisfaction with any modification card on file, revoke, cancel and/or terminate the incentive or discontinuation of the Services made by us pursuant to any provision of the Agreementbenefit, or any policies or practices by us in providing the Services, including without limitation any change in template content, administrative tool content, or any change in the amount or type of fees or charges associated with the Services, is to cancel or terminate your subscription. From time to time, we may supplement the Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be posted on our website, or, in our sole discretion, otherwise communicated to you in any end user messaging within your Services or by such take other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You understand and agree that such Additional Terms are hereby incorporated by reference into the Agreementremedial measures.

Appears in 1 contract

Samples: Terms of Service

Your Use of the Services. You agree not (a) The Services are made available to assignyou provided that you: • comply with the terms of this Agreement, transfer any User Guide(s) and any reasonable instructions or sublicense guidelines issued by us governing your rights as a registered user use of the Services. You understand that only you may use your administrative user account and password, and that your subscription to the Services may not be shared with others. You agree to be financially responsible for all usage or activity of the Services subscribed by you. By subscribing to the Services, you represent that you are a United States citizen, entity or resident with a valid United States or United States territory mailing address. You agree that you may not use or otherwise export or re-export the Services except as authorized by United States law. In particular, without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list and that you will not provide access to any agent to act on your behalf in such a country. You acknowledge and understand that you are solely responsible for providing, maintaining and ensuring compatibility with the Services access requirements, all hardware, software, electrical or other physical requirements for use of the Services, including without limitation, telecommunications and internet service provider access, connections, or other equipment, programs and service required to access the internet to use the Services. You shall be remain solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit or store via manner in which the Services are used; • give us all information we reasonably ask for, such as correct and you represent current name and warrant that you have obtained from end users that you contact address or cause any other information we may require, or an authorised authority requires, in relation to be contacted through the Services all consents required under applicable lawsinvestigation of any offences. You are solely responsible for verifying the also required to notify us of any changes to your personal details without delay via our website at xxx.xxxxxxxxxxxxx.xxx.xx, or by calling our Customer Services suitability for your needs. By submitting communications or content to any public area of the Services, you agree that such submission is non-confidential for all purposes. You agree that you shall not, and shall not permit any third party, to: (a) number • only use the Services with Handsets that are approved for use with the Network and all relevant laws and rules are followed; • treat as confidential, and store in a safe place, all of your security information including your PIN or PUK codes and any other codes and passwords used to store, transmit through, or post infringing, libelous, or otherwise unlawful, tortious, defamatory, threatening, vulgar, or obscene material or material that may be harmful to minors, access the Services or to store or transmit material in violation communicate with us. You must not give access to your security information to anyone else. We shall not be liable for any loss arising from your failure to keep such information secure; • are responsible for the acts and omissions of third-party privacy rights, (b) use any and all persons using the Services through your SIM Card. This applies even where you allow someone else to store use your Mobile Phone with the SIM Card; • are wholly responsible for the content of the use of the Service, including all call content, messages or transmit viruses other communications sent or received by you or any other person using your Account, SIM Card or Handset (including content which contains a virus or other harmful or deleterious computer codeunlawful material); • do not reverse the charges on any telephone call or accept a reverse charged call; • have no representation or warranty from us as to the quality, filesaccuracy, scriptscorrectness, agents, completeness or programs, (c) interfere with or disrupt the integrity or performance suitability of the Services or the data contained therein, (d) any call content; • do not attempt to gain unauthorized access or actually gain or permit any third party to the Services or its related systems or networks, (e) create derivative works based on the Services or any part, feature, function or user interface thereof, (f) frame or mirror any part of the Services, other than framing on your own intranets or otherwise for your own internal business purposes, or (g) send spam or any other form of duplicative and unsolicited commercial electronic mail messaging attempt to include email, text messaging or similar electronic communication while using the Services, or without obtaining and maintaining any necessary legal consents required from your customers or end users, (h) harvest, collect, gather or assemble information or data regarding other users of the Services without their consent. All ideas, inventions, concepts and feedback which is provided by you to us in connection with the Services may be used by us to improve or enhance our Services, and accordingly, you grant us an exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to us, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such information without restriction for any lawful purpose, including any commercial purpose. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services. If you do not abide by the terms of the Agreement, you agree that we may terminate your gain unauthorised access to the Services and/or immediately deactivate or delete your user account Network; • rely on and use any and all related information and/or files in content at your user account and/or bar any further access to such information and/or files. Further, you agree that we shall sole risk; • do not be liable to you use or any third-party for any termination or cancellation of your access to, or permit the use of, the Services. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of the Services for any improper, immoral, fraudulent or unlawful purpose, or to cause any injury, offence or annoyance to any person or to send unsolicited commercial messages to any person; • do not use or permit any use of the Services so as to cause the operation of the Network or the quality of Services to be jeopardised, impaired or interrupted or to interfere with the integrity or security of any telecommunications or IT network or system, nor to misuse and/or abuse the Services and/or the Network; and • do not use the Services to incite, encourage or induce members of the public to make calls to a particular number simultaneously. (b) You may not resell the Services or otherwise exploit the Services commercially or to the detriment of Pebble. For the avoidance of any doubt this includes use of the Services for the purposes of fraud, to artificially inflate traffic or by the operation of a GSM Gateway. (c) You must co-operate with all reasonable requests made by us pursuant relating to any the provision of the Agreement, or any policies or practices by us in providing the Services, including without limitation any change in template content, administrative tool content, or any change in the amount or type of fees or charges associated with the Services, is Services to cancel or terminate your subscription. From time to time, we may supplement the Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be posted on our website, or, in our sole discretion, otherwise communicated to you in any end user messaging within your Services or by such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You understand and agree that such Additional Terms are hereby incorporated by reference into the Agreementyou.

Appears in 1 contract

Samples: Terms and Conditions

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Your Use of the Services. You agree that: a) You shall not use the Services for any illegal or unauthorised purpose. b) You will not engage in any activity that exploits, xxxxx, or threatens to assign, transfer harm children. c) You will not send spam using functions of the Websites or sublicense your rights as a registered user of by other means enabled by the Services. Spam is unwanted or unsolicited bulk emails or messages. d) You understand that only you may will not use your administrative user account and passwordthe Services to share inappropriate content or material (involving for example pornography, and violence, or criminal activity). e) You will ensure that your subscription to the Services may not be shared with others. You agree to be financially responsible for all usage or activity of the Services subscribed by you. By subscribing will not violate any of the agreements you have entered into with SIA or any applicable law. f) You will not circumvent any access or availability restrictions on the Services. g) It is prohibited to use, store, reproduce, display, modify, sell, publish, transmit and distribute, or commercially exploit the Services without prior written permission of SIA and/or any third-party information provider(s); h) SIA and/or any third-party information provider(s) reserve all rights to proprietary information (including, but not limited to, all intellectual property rights such as; patents, trademarks, service marks, copyrights, database rights, topography rights, industrial design, know-how, trade secrets, trade names, logos, designs, symbols, emblems, insignia, slogans, drawings, plans and other identifying materials, in all forms whether or not registered or capable of registration and any other rights relating to intellectual property in accordance with the applicable laws,) subsisting in or relating to the Services. i) If you provide any input to SIA, you represent that you are a United States citizenin the form of suggestions, entity ideas, questions, remarks, support requests, or resident with a valid United States other, SIA shall be entitled to use this input without restriction and irrevocably be assigned all right, title, and interest in and to such input. j) You will not help others break these rules. k) SIA may, at its sole discretion and at any time, suspend or United States territory mailing address. You agree that you may not discontinue your use or otherwise export or re-export of the Services except as authorized by United States law. In particularwithout prior notice, and without limitationany liabilities of any kind, in case SIA suspects or determines that your use of the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country way violates this Agreement, poses a security risk, could impact the operations of our systems or on any such list and that you will not provide access to any agent to act on your behalf in such a country. You acknowledge and understand that you are solely responsible for providing, maintaining and ensuring compatibility with the Services access requirements, all hardware, software, electrical or other physical requirements for use delivery of the Services, including without limitationcould subject SIA or a third party to liability, telecommunications and internet service provider access, connectionsis fraudulent, or other equipment, programs and service required if needed to access the internet to use the Services. You shall be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit or store via the Services and you represent and warrant that you have obtained from end users that you contact or cause to be contacted through the Services all consents required under applicable laws. You are solely responsible for verifying the Services suitability for your needs. By submitting communications or content to any public area of the Services, you agree that such submission is non-confidential for all purposes. You agree that you shall not, and shall not permit any third party, to: (a) use the Services to store, transmit through, or post infringing, libelous, or otherwise unlawful, tortious, defamatory, threatening, vulgar, or obscene material or material that may be harmful to minors, or to store or transmit material in violation of third-party privacy rights, (b) use the Services to store or transmit viruses or other harmful or deleterious computer code, files, scripts, agents, or programs, (c) interfere with or disrupt the integrity or performance of the Services or the data contained therein, (d) attempt to gain unauthorized access to the Services or its related systems or networks, (e) create derivative works based on the Services or any part, feature, function or user interface thereof, (f) frame or mirror any part of the Services, other than framing on your own intranets or otherwise for your own internal business purposes, or (g) send spam or any other form of duplicative and unsolicited commercial electronic mail messaging to include email, text messaging or similar electronic communication while using the Services, or without obtaining and maintaining any necessary legal consents required from your customers or end users, (h) harvest, collect, gather or assemble information or data regarding other users of the Services without their consent. All ideas, inventions, concepts and feedback which is provided by you to us in connection comply with the Services may be used by us to improve law or enhance our Services, and accordingly, you grant us an exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to us, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such information without restriction for any lawful purpose, including any commercial purpose. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services. If you do not abide by the terms of the Agreement, you agree that we may terminate your access to the Services and/or immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Services. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of the Services made by us pursuant to any provision of the Agreement, or any policies or practices by us in providing the Services, including without limitation any change in template content, administrative tool content, or any change in the amount or type of fees or charges associated with the Services, is to cancel or terminate your subscription. From time to time, we may supplement the Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be posted on our website, or, in our sole discretion, otherwise communicated to you in any end user messaging within your Services or by such other means as we may deem appropriate requests from time to time (including electronic mail or conventional mail). You understand and agree that such Additional Terms are hereby incorporated by reference into the Agreementpublic authorities.

Appears in 1 contract

Samples: Terms of Use

Your Use of the Services. You agree not to assign, transfer or sublicense your rights as a registered user of the Services1. You understand that only you may use your administrative user account and password, and that your subscription to the Services may not be shared with others. You agree to be financially responsible for all usage shall prevent unauthorized access or activity of the Services subscribed by you. By subscribing to the Services, you represent that you are a United States citizen, entity or resident with a valid United States or United States territory mailing address. You agree that you may not use or otherwise export or re-export the Services except as authorized by United States law. In particular, without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list and that you will not provide access to any agent to act on your behalf in such a country. You acknowledge and understand that you are solely responsible for providing, maintaining and ensuring compatibility with the Services access requirements, all hardware, software, electrical or other physical requirements for use of the Services, including without limitationService Data, telecommunications Documentation, and internet service provider accessin the event of a breach, connectionsyou will notify us immediately. You are responsible for all use of our Services with your account details, or other equipmentwhich includes all user passwords issued to your organization for each Authorized User, programs and service required to access for protecting your account details from unauthorized use. You are also responsible for the internet to use the Servicessecurity of any computer from which you sign into your account. You shall be solely responsible for the security, confidentiality and integrity of ensure that all messages and the content that you receive, transmit or store via the Services and you represent and warrant that you have obtained from end users that you contact or cause to be contacted through the Services all consents required under applicable lawsyour Snyk account credentials are kept confidential. You are solely responsible for verifying will maintain a written, up to date list of current Developers and users at all times, and upon our request, you shall either produce such list or the Services suitability for your needsresults of source control logs to us within 5 business days. By submitting communications or content You agree to any public area ensure that all use of the Services, Service Data, Platform and Documentation by you agree that such submission is non-confidential for or under your Snyk account are in compliance with the terms and conditions of this Agreement (including the Acceptable Use Policy) and in compliance with all purposesapplicable laws, rules and regulations governing this Agreement. You agree are responsible for any breach of this Agreement by any person using your Snyk account credentials. 2. You promise not to access, store, distribute or transmit any Viruses, or any material during the course of your use of the Services, the Platform, Service Data or Documentation that you shall infringes any Intellectual Property Right of any other person and/or advocates, promotes or assists any unlawful act or illegal activity, and Snyk reserves the right, without liability or prejudice to its other rights to you, to disable your access to any material that breaches the provisions of this clause. 3. You may not, and shall not permit except to the extent expressly permitted under this Agreement, (i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software, Service Data, Platform or the Documentation in any form or media or by any means; or (ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or (iii) use the Services, Service Data, Platform or the Documentation to provide services to third parties; or (iv) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services, Service Data, Platform or the Documentation available to any third party; or (v) access all or any part of the Services in order to build a product or service which competes with the Services; or (vi) access without authority, interfere with, manipulate, damage or disrupt all or any part of the Services or any equipment or network owned or used by any third party, to: (a) use the Services to store, transmit through, or post infringing, libelous, or otherwise unlawful, tortious, defamatory, threatening, vulgar, or obscene material or material that may be harmful to minors, or to store or transmit material assist any third party in violation of third-party privacy rights, (b) use the Services to store or transmit viruses or other harmful or deleterious computer code, files, scripts, agents, or programs, (c) interfere with or disrupt the integrity or performance of the Services or the data contained therein, (d) attempt to gain unauthorized access to the Services or its related systems or networks, (e) create derivative works based on the Services or any part, feature, function or user interface thereof, (f) frame or mirror any part of the Services, other than framing on your own intranets or otherwise for your own internal business purposes, or (g) send spam or any other form of duplicative and unsolicited commercial electronic mail messaging to include email, text messaging or similar electronic communication while using the Services, or without obtaining and maintaining any necessary legal consents required from your customers or end users, (h) harvest, collect, gather or assemble information or data regarding other users of the Services without their consent. All ideas, inventions, concepts and feedback which is provided by you to us in connection with the Services may be used by us to improve or enhance our Services, and accordingly, you grant us an exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to us, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit doing such information without restriction for any lawful purpose, including any commercial purpose. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services. If you do not abide by the terms of the Agreement, you agree that we may terminate your access to the Services and/or immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Services. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of the Services made by us pursuant to any provision of the Agreement, or any policies or practices by us in providing the Services, including without limitation any change in template content, administrative tool content, or any change in the amount or type of fees or charges associated with the Services, is to cancel or terminate your subscription. From time to time, we may supplement the Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be posted on our website, or, in our sole discretion, otherwise communicated to you in any end user messaging within your Services or by such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You understand and agree that such Additional Terms are hereby incorporated by reference into the Agreementacts.

Appears in 1 contract

Samples: Terms of Service

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