Common use of User Conduct Clause in Contracts

User Conduct. You acknowledge and agree that your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User, or any other person or entity without their express prior written consent. Clever Things, LLC reserves the right to remove any content it deems as inappropriate. You will not use this Site or the Services found at this Site, through content or hyperlinks, in a manner (as determined by Clever Things, LLC in its sole and absolute discretion) that: •Promotes, encourages, or engages in an illegal activity; •Promotes, encourages, or engages in child pornography or the exploitation of children; •Posting or transmitting to or from our web sites any unlawful, obscene, libelous, threatening, bullying, harassing, defamatory, pornographic, or any other material that could give rise to any civil or criminal liability under the law; •Promotes, encourages, or engages in terrorism, violence against people, animals, or property; •Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; •You will not impersonate any other person or entity, or submit content on behalf of any other person or entity without their express prior written consent; •You will treat your access to the forums and other users with respect, and not post content that is off-topic to a forum; •You will not submit content that provides any non-public information about another user, Clever Things, LLC or any of Clever Things, LLC’s employees or customers (including the names and contact information); •You will not submit content that contains third party advertising, spam, chain letters or any other solicitation, including solicitation of lawsuits (links that connect to commercial web sites will not be considered unauthorized solicitations unless the link or web site content appears to be intended as a means of solicitation or part of an “affiliate” program, as determined by us in our sole and absolute discretion). •Violates the Xxxx Xxxxxx Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; •Infringes on the intellectual property rights of another User or any other person or entity; •Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; •Interferes with the operation of this Site or the Services found at this Site; •Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; •Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Clever Things, LLC or Clever Things, LLC’s Services; •You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Clever Things, LLC; •You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies; •You will not access Clever Things, LLC Content or User Content through any technology or means other than through this Site itself, or as Clever Things, LLC may designate; •You agree to back-up all of your User Content so that you can access and use it when needed. Clever Things, LLC does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content; •You will not re-sell or provide the Services for a commercial purpose, including any of Clever Things, LLC’s related technologies, without Clever Things, LLC's express prior written consent; In addition to the general rules above, the provisions in this section apply specifically to your use of Clever Things, LLC Content and User Content posted to Clever Things, LLC’s corporate web sites (i.e., those sites which Clever Things, LLC directly controls or maintains). The applicable provisions are not intended to, and do not have the effect of, transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to our web sites. Except for User Content, the content on this Site, and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Clever Things, LLC Content”), are owned by or licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Clever Things, LLC. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Clever Things, LLC reserves all rights not expressly granted in and to the Clever Things, LLC Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and / or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Clever Things, LLC Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content therein.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

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User Conduct. You acknowledge and agree Borrowers agree: (a) not to use the MyAccount service in any manner that your use could damage, disable, overburden or impair the MyAccount service; (b) not to share Borrowers’ Passwords with any other user or provide access to the MyAccount service or site to any other person authorized to act on Borrowers’ behalf. Any employee of this Site and the Services found at this SiteBorrowers, including any content you submitor authorized third party (e.g., will comply with this Agreement and all applicable local, state, national and international laws, rulesaccounting company) who requires such access, and regulations. You will is approved by Borrowers’ User Administrator, should apply for their own Passwords; (c) not collect to upload, post, or harvest otherwise transmit through or on the MyAccount site any viruses or other harmful, disruptive or destructive files; (d) not to knowingly post on the MyAccount service or permit anyone else site information which is untrue, incomplete or inaccurate; (e) not to collect transmit through or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another Useron the MyAccount site “spam”, chain letters, junk mail or any other person type of unsolicited mass email to people or entity without their express prior written consent. Clever Things, LLC reserves entities who have not agreed to be part of such mailings; (f) not to post or otherwise disseminate on or through the right to remove any content it deems as inappropriate. You will not use this Site or the Services found at this Site, through content or hyperlinks, in a manner (as determined by Clever Things, LLC in its sole and absolute discretion) that: •Promotes, encourages, or engages in an illegal activity; •Promotes, encourages, or engages in child pornography or the exploitation of children; •Posting or transmitting to or from our web sites any unlawful, obscene, libelous, threatening, bullying, MyAccount site harassing, defamatory, pornographiclibelous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other material proprietary or property right or that could constitute a criminal offense, give rise to civil liability or otherwise violate any civil or criminal liability under the applicable law; •Promotes(g) not to use any robot, encouragesspider or other automatic device, or engages in terrorismmanual process to monitor, violence against peopleextract, animalscollect, harvest or property; •Promotescopy the web pages or any data or data fields contained at the MyAccount site including, encouragesbut not limited to, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; •You will not impersonate any other person or entity, or submit content on behalf personally identifiable information of any other person user of the MyAccount site, or entity without their express prior written consent; •You will treat your access to the forums and other users with respect, and not post content that is off-topic to a forum; •You will not submit content that provides any non-public information about another user, Clever Things, LLC or any of Clever Things, LLC’s employees or customers (including the names and contact information)of customers of Lender or its Affiliates; •You will (h) not submit content that contains third party advertisingto modify, spamassign, chain letters sublicense, sell or prepare derivative works of any other solicitation, including solicitation of lawsuits (links that connect to commercial web sites will not be considered unauthorized solicitations unless the link or web site content appears to be intended as a means of solicitation or part of an “affiliate” program, as determined by us in our sole and absolute discretion). •Violates the Xxxx Xxxxxx Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; •Infringes materials on the intellectual property rights of another User MyAccount site nor to reproduce or any other person publicly display, perform, distribute or entityotherwise use such materials except as expressly allowed herein; •Violates the privacy or publicity rights of another User or any other person or entity(i) to retain, or breaches any duty of confidentiality that you owe to another User or any other person or entity; •Interferes with the operation of this Site or the Services found at this Site; •Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality on all copies of any software or hardware; •Contains false or deceptive languagematerials downloaded, or unsubstantiated or comparative claims, regarding Clever Things, LLC or Clever Things, LLC’s Services; •You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Clever Things, LLC; •You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies; •You will not access Clever Things, LLC Content or User Content through any technology or means other than through this Site itself, or as Clever Things, LLC may designate; •You agree to back-up all of your User Content so that you can access and use it when needed. Clever Things, LLC does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content; •You will not re-sell or provide the Services for a commercial purpose, including any of Clever Things, LLC’s related technologies, without Clever Things, LLC's express prior written consent; In addition to the general rules above, the provisions in this section apply specifically to your use of Clever Things, LLC Content and User Content posted to Clever Things, LLC’s corporate web sites (i.e., those sites which Clever Things, LLC directly controls or maintains). The applicable provisions are not intended to, and do not have the effect of, transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to our web sites. Except for User Content, the content on this Site, and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Clever Things, LLC Content”), are owned by or licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / or patent protection other proprietary notices contained in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided materials; (j) not to you “as is”, “as available” and “interfere with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensedthe security of, or otherwise exploited for any purposes whatsoever without abuse, the express prior written consent of Clever Things, LLC. No right or license under any copyright, trademark, patentMyAccount service, or any services, system resources, accounts, servers or networks connected to or accessible through the MyAccount site or affiliated or linked sites; (k) not to disrupt or interfere with any other proprietary right Person’s use and enjoyment of the MyAccount service or license is granted by this Agreement. Clever Thingsaffiliated or linked sites; (l) not to use or attempt to use another’s account, LLC reserves all rights service or system without authorization from Lender to create or use a false identity on the MyAccount service; (m) not expressly granted in and to attempt to obtain unauthorized access to the Clever Things, LLC Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights. Some MyAccount service or portions of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you MyAccount service which are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and / or permissions to use, in writing, restricted from the copyright or other owner of the User Content, general access; and (iin) you do not violate the rights of any third party. You agree not to circumvent, disable or otherwise interfere comply with the security-related features of this Site or the Services found at this Site (including without limitation those features all applicable laws that prevent or restrict relate to its use or copying of any Clever Things, LLC Content or User Content) or enforce limitations activities on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinMyAccount service.

Appears in 1 contract

Samples: Loan and Security Agreement (Ensign Group, Inc)

User Conduct. You acknowledge and agree that You are responsible for your own conduct and User Content while using the Site and/or Company Services (including any Games) and for any consequences thereof. You agree to use of this Site Company Services (including any Games) and the Services found at this SiteSite only for purposes that are legal, including any content you submit, will comply proper and in accordance with this the Agreement and all any applicable locallaws, state, national and international lawsregulations, rules, policies or guidelines. By way of example, and regulations. not as a limitation, You agree that when using Company Services (including any Games) and the Site, You will not collect not: defame, abuse, harass, stalk, spam, threaten or harvest otherwise violate the legal rights (such as rights of privacy and publicity) of others; upload, post, display, transmit or permit anyone else to collect otherwise Share any inappropriate, defamatory, libelous, infringing, obscene, or harvest) unlawful User Content; upload, post, display, transmit or otherwise Share any User Content (as defined below) that infringes, misappropriates or violates any patent, trademark, copyright, trade secret or other proprietary right or privacy right of any party; upload, post, display, transmit or otherwise Share messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, the Agreement or any non-public applicable policies or personally identifiable information about guidelines; conduct any advertising or commercial activity on or through the Company Service without the prior written permission of Company; use Company Services or the Site for any illegal or unauthorized purpose; download any file posted by another Userthat You know, or any other person or entity without their express prior written consent. Clever Thingsreasonably should know, LLC reserves the right to remove any content it deems as inappropriate. You will cannot use this Site or the Services found at this Site, through content or hyperlinks, be legally distributed in a manner (as determined by Clever Things, LLC in its sole and absolute discretion) that: •Promotes, encourages, or engages in an illegal activitysuch manner; •Promotes, encourages, or engages in child pornography or the exploitation of children; •Posting or transmitting to or from our web sites any unlawful, obscene, libelous, threatening, bullying, harassing, defamatory, pornographic, or any other material that could give rise to any civil or criminal liability under the law; •Promotes, encourages, or engages in terrorism, violence against people, animals, or property; •Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; •You will not impersonate any other another person or entity, or submit content on behalf falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; restrict or inhibit any other person user from using and enjoying Company Services or entity without their express prior written consentthe Site; •You will treat modify, adapt, appropriate, reproduce, distribute, translate, reverse engineer, create derivative works of, publicly display, sell, trade, or exploit the Company Services or Site (including any Company Materials or User Content (other than your own User Content)), except as expressly authorized by Company; remove or modify any copyright, trademark or other proprietary rights notices contained in or on the Company Services or the Site; interfere with or disrupt (or access to the forums and other users with respect, and not post content that is off-topic to a forum; •You will not submit content that provides any non-public information about another user, Clever Things, LLC parts of) the Company Services or any of Clever Things, LLC’s employees the Site or customers (including servers or networks connected to the names and contact information); •You will not submit content that contains third party advertising, spam, chain letters Company Services or any other solicitation, including solicitation of lawsuits (links that connect to commercial web sites will not be considered unauthorized solicitations unless the link or web site content appears to be intended as a means of solicitation or part of an “affiliate” program, as determined by us in our sole and absolute discretion). •Violates the Xxxx Xxxxxx Online Pharmacy Consumer Protection Act of 2008 or similar legislationSite, or promotesdisobey any requirements, encourages procedures, policies or engages in regulations of networks connected to the sale or distribution of prescription medication without a valid prescription; •Infringes on the intellectual property rights of another User or any other person or entity; •Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; •Interferes with the operation of this Site Company Services or the Services found at this Site; •Contains or installs use any virusesrobot, wormsspider, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; •Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Clever Things, LLC or Clever Things, LLC’s Services; •You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Clever Things, LLC; •You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies; •You will not access Clever Things, LLC Content or User Content through any technology or means other than through this Site itself, or as Clever Things, LLC may designate; •You agree to back-up all of your User Content so that you can access and use it when needed. Clever Things, LLC does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content; •You will not re-sell or provide the Services for a commercial purpose, including any of Clever Things, LLC’s related technologies, without Clever Things, LLC's express prior written consent; In addition to the general rules above, the provisions in this section apply specifically to your use of Clever Things, LLC Content and User Content posted to Clever Things, LLC’s corporate web sites (i.e., those sites which Clever Things, LLC directly controls or maintains). The applicable provisions are not intended to, and do not have the effect of, transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to our web sites. Except for User Content, the content on this Site, and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Clever Things, LLC Content”), are owned by or licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Clever Things, LLC. No right or license under any copyright, trademark, patentsite search/retrieval application, or other proprietary right device to retrieve or license is granted by this Agreement. Clever Things, LLC reserves all rights not expressly granted in and to index any portion of Company Services or the Clever Things, LLC Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing collect information about users for any unauthorized purpose; submit User Content to this Site that falsely expresses or to the Services found at this Site, you represent and warrant to Clever Things, LLC implies that (i) you have all necessary rights to distribute such User Content via this Site is sponsored or via the Services found at this Siteendorsed by Company; create user accounts by automated means or under false or fraudulent pretenses; remove, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and / or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party. You agree not to circumvent, disable disable, damage or otherwise interfere with the any security-related features of this the Site or the Services found at this Site (including without limitation those Company Services, features that prevent or restrict the use or of copying of any Clever Things, LLC Content the Site or User Content) Company Services or features that enforce limitations on the use of this the Site or Company Services; promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or transmit, submit links to, upload, post, provide or otherwise Share any viruses, worms, defects, Trojan horses, or any items of a destructive or malicious nature. International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the Services found at this Site, export of data to the Clever Things, LLC Content United States or the User Content thereinyour country of residence.

Appears in 1 contract

Samples: www.be-rad.com

User Conduct. You acknowledge agree not to use the Services or the Site to take any action(s) that, (and agree that your continued use of this the Site and the Services found at this Siteare conditioned on not taking any action(s) that): • patently offensive and promotes racism, including bigotry, hatred or physical harm of any content you submitkind against any group or individual; harasses or advocates harassment of another person or group; exploits people in a sexual or violent manner; or contains nudity, will comply with this Agreement and all applicable localviolence, state, national and international laws, rules, and regulations. You will not collect or harvest (offensive subject matter or permit anyone else contains a link to collect or harvest) an adult website; • solicits personal information; provides any User Content telephone numbers, street addresses, last names, URLs or email addresses; involves the transmission of “junk mail,” “chain letters,” or “unsolicited mass mailing”, “instant messaging”, “phishing”, “spimming” or “spamming”; contains restricted or password only access pages or hidden pages or images (as defined below) or any non-public or personally identifiable information about another User, or any other person or entity without their express prior written consent. Clever Things, LLC reserves the right to remove any content it deems as inappropriate. You will those not use this Site or the Services found at this Site, through content or hyperlinks, in a manner (as determined by Clever Things, LLC in its sole and absolute discretion) that: •Promotes, encourages, or engages in an illegal activity; •Promotes, encourages, or engages in child pornography or the exploitation of children; •Posting or transmitting linked to or from our web sites any unlawfulanother accessible page); • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, threateningsuch as providing pirated computer programs or links to them, bullying, harassing, defamatory, pornographicproviding information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated files; • furthers or promotes any other material that could give rise criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to any civil making or criminal liability under the law; •Promotesbuying illegal weapons, encouragesviolating someone’s privacy, or engages in terrorismproviding or creating computer viruses; • involves commercial activities and/or sales without our prior written consent such as contests, violence against peoplesweepstakes, animalsbarter, advertising, or propertypyramid schemes; •Promotes• are contrary to Xxxxx’s public image, encouragesgoodwill, or engages in reputation; • infringe on our or any spam third party’s copyright, patent, trademark, trade secret or other unsolicited bulk emailproprietary rights or rights of publicity or privacy; • express or imply that any of your statements, activities or computer or network hacking or cracking; •You will not impersonate any other person or entitycauses are endorsed by us, or submit content on behalf of any other person or entity without their express our prior written consentconsent in each instance; •You will treat your access to the forums and • transmit any trade secret or other users with respectmaterial, and not post content that is off-topic to a forum; •You will not submit content that provides any non-public information about another userany person, Clever Thingscompany or entity without the authorization to do so; • “frame” or “mirror” any part of the Site without our prior written authorization; • distribute any virus, LLC worm or other similar or deleterious files, scripts or programming routines; • interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Agile or its licensors or suppliers; • forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission; and/or • execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website’s servers or any of Clever Thingsdata not intended for you. Further, LLC’s employees you agree not to use the Services or customers (including the names and contact information); •You will not submit content that contains third party advertising, spam, chain letters Site to participate in: • criminal or any other solicitationtortious activity, including solicitation child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of lawsuits (links that connect to commercial web sites will not be considered unauthorized solicitations unless the link viruses or web site content appears to be intended as a means of solicitation or part of an “affiliate” programother harmful files, as determined by us in our sole and absolute discretion). •Violates the Xxxx Xxxxxx Online Pharmacy Consumer Protection Act of 2008 or similar legislationcopyright infringement, patent infringement, or promotes, encourages theft of trade secrets or engages in the sale or distribution violation of prescription medication without a valid prescription; •Infringes on the intellectual property rights of another User or any other person or entity; •Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entitythird parties; •Interferes with the operation of this Site or the Services found at this Site; •Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed • advertising to, or capable solicitation of, disruptingany User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, damaging or limiting the functionality of any software or hardware; •Contains false or deceptive languageadvertise to, solicit, or unsubstantiated sell to any User without their prior explicit consent. In order to protect our Users from such advertising or comparative claimssolicitation, regarding Clever Things, LLC Agile reserves the right to restrict the number of emails that a User may send to other Users; You agree not to use the Services or Clever Things, LLC’s Services; •You will not copy or distribute the Site in any medium any part manner that violates or is otherwise not in accordance with the terms of this Site or the subscription package in which you are currently enrolled (“Account”). Any violation of the following usage rules may result suspension of the Services found at this Site, except where expressly authorized by Clever Things, LLC; •You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies; •You will not access Clever Things, LLC Content or User Content through any technology or means other than through this Site itself, or as Clever Things, LLC may designate; •You agree to back-up all of your User Content so that you can access and use it when needed. Clever Things, LLC does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the and/or loss of any Account access: • Each Account may be utilized by one “Team,” meaning one gender of one sport, from one institution (either a school or a club). o Only one sport is permitted per Account. For example, Basketball film cannot be uploaded to a Football account and all vice versa. o Only one gender is permitted per Account, regardless of your User Content; •You will sport. For example, Girls’ Basketball cannot re-sell or provide the Services for a commercial purpose, including any of Clever Things, LLC’s related technologies, without Clever Things, LLC's express prior written consent; In addition upload film to the general rules aboveBoys’ Basketball account and vice versa. • Unlimited Game footage is limited to Game footage. Practice and Opponent Scout film will count against the storage hours available in your selected subscription package. o Attempts to game the system by misclassifying Practice and Opponent Scout film as Game film will result in immediate Account suspension. • Each Team is permitted to subclassify into “Sub-Teams.” The number of Sub-Teams per Account shall be as follows: o Club & Youth: 1 Team per Account; 0 Sub-Teams. For example, a Football team for 12U may only upload 12U film. 11U and 10U would require separate Accounts, though they may be associated under the provisions in this section apply specifically to your use of Clever Thingssame organization. o High School: 1 Team per Account; 4 Sub-Teams. For example, LLC Content and User Content posted to Clever Things, LLC’s corporate web sites (i.e., those sites which Clever Things, LLC directly controls or maintains). The applicable provisions are not intended to, and do not have the effect of, transferring any ownership or licensed rights (including intellectual property rights) you Boys’ Football may have in content posted to our web sitesseparate Sub-Teams for the Freshman, Sophomore, JV and Varsity rosters. Except o College: 1 Team per Account; 2 Sub-Teams. For example, Mens’ Football may subclassify into separate Sub-Teams for User Content, the content on this Site, and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Clever Things, LLC Content”), are owned by or licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Clever Things, LLC. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Clever Things, LLC reserves all rights not expressly granted in and to the Clever Things, LLC Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), starters and reserves or (b) literaryoffense and defense. • If a Team has not used its full Sub-Team allotment, artisticit may not use those extra Sub-Team allotments to upload film from another sport, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to as this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and / or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third partywould constitute a separate Team requiring its own Account. You agree not to circumventattempt to impersonate another User or other individual, disable or otherwise interfere with the security-related features of this Site or and you acknowledge that the Services found at this Site (including without limitation those features are for public and not private communications and that prevent or restrict use or copying you have no expectation of privacy with regard to any User Content. We cannot guarantee the security of any Clever Thingsinformation you disclose; you make such disclosures at your own risk. Also, LLC Content or User Content) or enforce limitations on you should be skeptical about information provided by others, and you acknowledge that the use of any User Content on this Site or is at your own risk. If you become aware of misuse of the Services found by any person, please contact Agile at this Sitexxxxx@xxxx.xxx . Agile reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Site or Services at any time, for any or no reason, with or without prior notice, and without liability. You agree to indemnify and hold Agile, the Clever ThingsAgile Entities, LLC Content and their subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any User Content thereinposted on the Site or through the Services causes Agile to be liable to another third party or User.

Appears in 1 contract

Samples: Boces Letter Agreement

User Conduct. You acknowledge agree not to use the Services or the Site to take any action(s) that, (and agree that your continued use of this the Site and the Services found at this Siteare conditioned on not taking any action(s) that): • patently offensive and promotes racism, including bigotry, hatred or physical harm of any content you submitkind against any group or individual; harasses or advocates harassment of another person or group; exploits people in a sexual or violent manner; or contains nudity, will comply with this Agreement and all applicable localviolence, state, national and international laws, rules, and regulations. You will not collect or harvest (offensive subject matter or permit anyone else contains a link to collect or harvest) an adult website; • solicits personal information; provides any User Content telephone numbers, street addresses, last names, URLs or email addresses; involves the transmission of “junk mail,” “chain letters,” or “unsolicited mass Agile Sports Technologies, Inc. 600 P St. | Xxxxxxx, XX 00000 | 402-817-0060 mailing”, “instant messaging”, “phishing”, “spimming” or “spamming”; contains restricted or password only access pages or hidden pages or images (as defined below) or any non-public or personally identifiable information about another User, or any other person or entity without their express prior written consent. Clever Things, LLC reserves the right to remove any content it deems as inappropriate. You will those not use this Site or the Services found at this Site, through content or hyperlinks, in a manner (as determined by Clever Things, LLC in its sole and absolute discretion) that: •Promotes, encourages, or engages in an illegal activity; •Promotes, encourages, or engages in child pornography or the exploitation of children; •Posting or transmitting linked to or from our web sites any unlawfulanother accessible page); • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, threateningsuch as providing pirated computer programs or links to them, bullying, harassing, defamatory, pornographicproviding information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated files; • furthers or promotes any other material that could give rise criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to any civil making or criminal liability under the law; •Promotesbuying illegal weapons, encouragesviolating someone’s privacy, or engages in terrorismproviding or creating computer viruses; • involves commercial activities and/or sales without our prior written consent such as contests, violence against peoplesweepstakes, animalsbarter, advertising, or propertypyramid schemes; •Promotes• are contrary to Agile’s public image, encouragesgoodwill, or engages in reputation; • infringe on our or any spam third party’s copyright, patent, trademark, trade secret or other unsolicited bulk emailproprietary rights or rights of publicity or privacy; • express or imply that any of your statements, activities or computer or network hacking or cracking; •You will not impersonate any other person or entitycauses are endorsed by us, or submit content on behalf of any other person or entity without their express our prior written consentconsent in each instance; •You will treat your access to the forums and • transmit any trade secret or other users with respectmaterial, and not post content that is off-topic to a forum; •You will not submit content that provides any non-public information about another userany person, Clever Thingscompany or entity without the authorization to do so; • “frame” or “mirror” any part of the Site without our prior written authorization; • distribute any virus, LLC worm or other similar or deleterious files, scripts or programming routines; • interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Agile or its licensors or suppliers; • forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission; and/or • execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website’s servers or any of Clever Thingsdata not intended for you. Further, LLC’s employees you agree not to use the Services or customers (including the names and contact information); •You will not submit content that contains third party advertising, spam, chain letters Site to participate in: • criminal or any other solicitationtortious activity, including solicitation child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of lawsuits (links that connect to commercial web sites will not be considered unauthorized solicitations unless the link viruses or web site content appears to be intended as a means of solicitation or part of an “affiliate” programother harmful files, as determined by us in our sole and absolute discretion). •Violates the Xxxx Xxxxxx Online Pharmacy Consumer Protection Act of 2008 or similar legislationAgile Sports Technologies, Inc. 600 P St. | Xxxxxxx, XX 00000 | 402-817-0060 copyright infringement, patent infringement, or promotes, encourages theft of trade secrets or engages in the sale or distribution violation of prescription medication without a valid prescription; •Infringes on the intellectual property rights of another User or any other person or entity; •Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entitythird parties; •Interferes with the operation of this Site or the Services found at this Site; •Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed • advertising to, or capable solicitation of, disruptingany User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, damaging or limiting the functionality of any software or hardware; •Contains false or deceptive languageadvertise to, solicit, or unsubstantiated sell to any User without their prior explicit consent. In order to protect our Users from such advertising or comparative claimssolicitation, regarding Clever Things, LLC Agile reserves the right to restrict the number of emails that a User may send to other Users; You agree not to use the Services or Clever Things, LLC’s Services; •You will not copy or distribute the Site in any medium any part manner that violates or is otherwise not in accordance with the terms of this Site or the subscription package in which you are currently enrolled (“Account”). Any violation of the following usage rules may result suspension of the Services found at this Site, except where expressly authorized by Clever Things, LLC; •You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies; •You will not access Clever Things, LLC Content or User Content through any technology or means other than through this Site itself, or as Clever Things, LLC may designate; •You agree to back-up all of your User Content so that you can access and use it when needed. Clever Things, LLC does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the and/or loss of any Account access: • Each Account may be utilized by one “Team,” meaning one gender of one sport, from one institution (either a school or a club). o Only one sport is permitted per Account. For example, Basketball film cannot be uploaded to a Football account and all vice versa. o Only one gender is permitted per Account, regardless of your User Content; •You will sport. For example, Girls’ Basketball cannot re-sell or provide the Services for a commercial purpose, including any of Clever Things, LLC’s related technologies, without Clever Things, LLC's express prior written consent; In addition upload film to the general rules aboveBoys’ Basketball account and vice versa. • Unlimited Game footage is limited to Game footage. Practice and Opponent Scout film will count against the storage hours available in your selected subscription package. o Attempts to game the system by misclassifying Practice and Opponent Scout film as Game film will result in immediate Account suspension. • Each Team is permitted to subclassify into “Sub-Teams.” The number of Sub-Teams per Account shall be as follows: o Club & Youth: 1 Team per Account; 0 Sub-Teams. For example, a Football team for 12U may only upload 12U film. 11U and 10U would require separate Accounts, though they may be associated under the provisions in this section apply specifically to your use of Clever Thingssame organization. o High School: 1 Team per Account; 4 Sub-Teams. For example, LLC Content and User Content posted to Clever Things, LLC’s corporate web sites (i.e., those sites which Clever Things, LLC directly controls or maintains). The applicable provisions are not intended to, and do not have the effect of, transferring any ownership or licensed rights (including intellectual property rights) you Boys’ Football may have in content posted to our web sitesseparate Sub-Teams for the Freshman, Sophomore, JV and Varsity rosters. Except Agile Sports Technologies, Inc. 600 P St. | Xxxxxxx, XX 00000 | 402-817-0060 o College: 1 Team per Account; 2 Sub-Teams. For example, Mens’ Football may subclassify into separate Sub-Teams for User Content, the content on this Site, and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Clever Things, LLC Content”), are owned by or licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Clever Things, LLC. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Clever Things, LLC reserves all rights not expressly granted in and to the Clever Things, LLC Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), starters and reserves or (b) literaryoffense and defense. • If a Team has not used its full Sub-Team allotment, artisticit may not use those extra Sub-Team allotments to upload film from another sport, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to as this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and / or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third partywould constitute a separate Team requiring its own Account. You agree not to circumventattempt to impersonate another User or other individual, disable or otherwise interfere with the security-related features of this Site or and you acknowledge that the Services found at this Site (including without limitation those features are for public and not private communications and that prevent or restrict use or copying you have no expectation of privacy with regard to any User Content. We cannot guarantee the security of any Clever Thingsinformation you disclose; you make such disclosures at your own risk. Also, LLC Content or User Content) or enforce limitations on you should be skeptical about information provided by others, and you acknowledge that the use of any User Content on this Site or is at your own risk. If you become aware of misuse of the Services found by any person, please contact Agile at this Sitexxxxx@xxxx.xxx . Agile reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Site or Services at any time, for any or no reason, with or without prior notice, and without liability. You agree to indemnify and hold Agile, the Clever ThingsAgile Entities, LLC Content and their subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any User Content thereinposted on the Site or through the Services causes Agile to be liable to another third party or User.

Appears in 1 contract

Samples: Boces Letter Agreement

User Conduct. By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that: Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, sexually explicit or graphic, or otherwise in violation of this site’s rules or policies; Infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party; Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or Impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers. You acknowledge also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third party. You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate parental consent. The Company and its agents reserve the right at their sole discretion to remove any content that in its sole judgment does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content. You agree that your use of this Site and the Services found at site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this Site, including site in violation of these Rules and/or for any content you submit, will comply with this Agreement and all applicable purpose that violates any local, state, national and international laws, rules, and regulations. You will not collect federal or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User, or any law of other person or entity without their express prior written consent. Clever Things, LLC reserves the right to remove any content it deems as inappropriate. You will not use this Site or the Services found at this Site, through content or hyperlinks, in a manner (as determined by Clever Things, LLC in its sole and absolute discretion) that: •Promotes, encourages, or engages in an illegal activity; •Promotes, encourages, or engages in child pornography or the exploitation of children; •Posting or transmitting to or from our web sites any unlawful, obscene, libelous, threatening, bullying, harassing, defamatory, pornographic, or any other material that could give rise to any civil or criminal liability under the law; •Promotes, encourages, or engages in terrorism, violence against people, animals, or property; •Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; •You will not impersonate any other person or entity, or submit content on behalf of any other person or entity without their express prior written consent; •You will treat your access to the forums and other users with respect, and not post content that is off-topic to a forum; •You will not submit content that provides any non-public information about another user, Clever Things, LLC or any of Clever Things, LLC’s employees or customers (including the names and contact information); •You will not submit content that contains third party advertising, spam, chain letters or any other solicitation, including solicitation of lawsuits (links that connect to commercial web sites will not be considered unauthorized solicitations unless the link or web site content appears to be intended as a means of solicitation or part of an “affiliate” program, as determined by us in our sole and absolute discretion). •Violates the Xxxx Xxxxxx Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; •Infringes on the intellectual property rights of another User or any other person or entity; •Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; •Interferes with the operation of this Site or the Services found at this Site; •Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; •Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Clever Things, LLC or Clever Things, LLC’s Services; •You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Clever Things, LLC; •You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies; •You will not access Clever Things, LLC Content or User Content through any technology or means other than through this Site itself, or as Clever Things, LLC may designate; •You agree to back-up all of your User Content so that you can access and use it when needed. Clever Things, LLC does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content; •You will not re-sell or provide the Services for a commercial purpose, including any of Clever Things, LLC’s related technologies, without Clever Things, LLC's express prior written consent; In addition to the general rules above, the provisions in this section apply specifically to your use of Clever Things, LLC Content and User Content posted to Clever Things, LLC’s corporate web sites (i.e., those sites which Clever Things, LLC directly controls or maintains). The applicable provisions are not intended to, and do not have the effect of, transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to our web sites. Except for User Content, the content on this Site, and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Clever Things, LLC Content”), are owned by or licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Clever Things, LLC. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Clever Things, LLC reserves all rights not expressly granted in and to the Clever Things, LLC Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other contentnations, including but not limited to photos and videos (together with User Submissionsthe posting of information that may violate third party rights, “User Content”)that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. By posting of its agents, officers, directors, contractors or publishing User Content to this Site or to the Services found at this Siteemployees. In such event, you represent agree that the owner of this site may disclose your identity and warrant to Clever Thingscontact information, LLC that (i) you have all necessary rights to distribute User Content via this Site if requested by a government or via the Services found at this Site, either because you are the author law enforcement body or as a result of the User Content and have the right to distribute the same, a subpoena or because you have the appropriate distribution rights, licenses, consentsother legal action, and / the owner of this site shall not be liable for damages or permissions to use, in writing, from the copyright result of a subpoena or other legal action, and the owner of the User Contentthis site shall not be liable for damages or results thereof, and (ii) you do not violate the rights of any third party. You agree not to circumvent, disable bring any action or otherwise interfere with claim against the security-related features owner of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Clever Things, LLC Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinsite for such disclosure.

Appears in 1 contract

Samples: gridcapitals.com

User Conduct. You acknowledge and agree The Borrower agrees: (1) not to use the MyAccount service in any manner that your use could damage, disable, overburden or impair the MyAccount service; (ii) not to share the Borrower’s Passwords with any other user or provide access to the MyAccount service or site to any other Person authorized to act on the Borrower’s behalf. Any employee of this Site and the Services found at this SiteBorrower, including any content you submitor authorized third party (e.g., will comply with this Agreement and all applicable local, state, national and international laws, rulesaccounting company) who requires such access, and regulations. You will is approved by the Borrower’s User Administrator, should apply for their own Passwords; (iii) not collect to upload, post, or harvest otherwise transmit through or on the MyAccount site any viruses or other harmful, disruptive or destructive files; (iv) not to knowingly post on the MyAccount service or permit anyone else site information which is untrue, incomplete or inaccurate; (v) not to collect transmit through or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another Useron the MyAccount site “spam”, chain letters, junk mail or any other person type of unsolicited mass email to Persons who have not agreed to be part of such mailings; (vi) not to post or entity without their express prior written consent. Clever Things, LLC reserves otherwise disseminate on or through the right to remove any content it deems as inappropriate. You will not use this Site or the Services found at this Site, through content or hyperlinks, in a manner (as determined by Clever Things, LLC in its sole and absolute discretion) that: •Promotes, encourages, or engages in an illegal activity; •Promotes, encourages, or engages in child pornography or the exploitation of children; •Posting or transmitting to or from our web sites any unlawful, obscene, libelous, threatening, bullying, MyAccount site harassing, defamatory, pornographiclibelous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other material proprietary or property right or that could constitute a criminal offense, give rise to civil liability or otherwise violate any civil or criminal liability under the applicable law; •Promotes(vii) not to use any robot, encouragesspider or other automatic device, or engages in terrorismmanual process to monitor, violence against peopleextract, animalscollect, harvest or property; •Promotescopy the web pages or any data or data fields contained at the MyAccount site including, encouragesbut not limited to, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; •You will not impersonate any other person or entity, or submit content on behalf personally identifiable information of any other person user of the MyAccount site, or entity without their express prior written consent; •You will treat your access to the forums and other users with respect, and not post content that is off-topic to a forum; •You will not submit content that provides any non-public information about another user, Clever Things, LLC or any of Clever Things, LLC’s employees or customers (including the names and contact information)of customers of the Lender or its Affiliates; •You will (viii) not submit content that contains third party advertisingto modify, spamassign, chain letters sublicense, sell or prepare derivative works of any other solicitation, including solicitation of lawsuits (links that connect to commercial web sites will not be considered unauthorized solicitations unless the link or web site content appears to be intended as a means of solicitation or part of an “affiliate” program, as determined by us in our sole and absolute discretion). •Violates the Xxxx Xxxxxx Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; •Infringes materials on the intellectual property rights of another User MyAccount site nor to reproduce or any other person publicly display, perform, distribute or entityotherwise use such materials except as expressly allowed herein; •Violates the privacy or publicity rights of another User or any other person or entity(ix) to retain, or breaches any duty of confidentiality that you owe to another User or any other person or entity; •Interferes with the operation of this Site or the Services found at this Site; •Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality on all copies of any software or hardware; •Contains false or deceptive languagematerials downloaded, or unsubstantiated or comparative claims, regarding Clever Things, LLC or Clever Things, LLC’s Services; •You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Clever Things, LLC; •You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies; •You will not access Clever Things, LLC Content or User Content through any technology or means other than through this Site itself, or as Clever Things, LLC may designate; •You agree to back-up all of your User Content so that you can access and use it when needed. Clever Things, LLC does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content; •You will not re-sell or provide the Services for a commercial purpose, including any of Clever Things, LLC’s related technologies, without Clever Things, LLC's express prior written consent; In addition to the general rules above, the provisions in this section apply specifically to your use of Clever Things, LLC Content and User Content posted to Clever Things, LLC’s corporate web sites (i.e., those sites which Clever Things, LLC directly controls or maintains). The applicable provisions are not intended to, and do not have the effect of, transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to our web sites. Except for User Content, the content on this Site, and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Clever Things, LLC Content”), are owned by or licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / or patent protection other proprietary notices contained in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided materials; (x) not to you “as is”, “as available” and “interfere with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensedthe security of, or otherwise exploited for any purposes whatsoever without abuse, the express prior written consent of Clever Things, LLC. No right or license under any copyright, trademark, patentMyAccount service, or any services, system resources, accounts, servers or networks connected to or accessible through the MyAccount site or affiliated or linked sites; (xi) not to disrupt or interfere with any other proprietary right Person’s use and enjoyment of the MyAccount service or license is granted by this Agreement. Clever Thingsaffiliated or linked sites; (xii) not to use or attempt to use another’s account, LLC reserves all rights service or system without authorization from the Lender to create or use a false identity on the MyAccount service; (xiii) not expressly granted in and to attempt to obtain unauthorized access to the Clever Things, LLC Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights. Some MyAccount service or portions of the features MyAccount service which are restricted from general access; and (xiv) to comply with all applicable laws that relate to its use or activities on the MyAccount service. [*] Portions of this Site or the Services found at exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and / or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party. You agree not to circumvent, disable or otherwise interfere exhibit has been filed separately with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Clever Things, LLC Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinCommission.

Appears in 1 contract

Samples: Loan and Security Agreement (Salient Surgical Technologies, Inc.)

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User Conduct. As a condition of use, you agree not to use Company Properties for any purpose that is prohibited by this Agreement or by applicable law. You acknowledge shall not (and agree that your use shall not permit any third party) to either (a) take any action or (b) Make Available any Content on or through Company Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of this Site and the Services found at this Sitepublicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, misleading, false, defamatory, libelous, pornographic, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or racially, ethnically, or otherwise discriminatory; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Company’s prior written consent; (v) impersonates any person or entity, including any content you submitemployee or representative of Company; (vi) interferes with or attempt to interfere with the proper functioning of Company Properties or uses Company Properties in any way not expressly permitted by this Agreement; (vii) manipulates the price of any listed item or interferes with a User profile or Seller listings; (ix) transfers your account and username to another party without our consent; (x) bypasses our robot exclusion hardware, will comply interferes with this Agreement and all applicable local, state, national and international laws, rules, and regulations. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another Userthe working of the Company Properties, or imposes an unreasonable or disproportionately large load on our infrastructure; (xi) uses the Company Properties to collect, harvest, transmit, distribute or submit any other person or entity without their express prior written consent. Clever Things, LLC reserves the right to remove any content it deems as inappropriate. You will not use this Site or the Services found at this Site, through content or hyperlinks, in a manner (as determined by Clever Things, LLC in its sole and absolute discretion) that: •Promotes, encourages, or engages in an illegal activity; •Promotes, encourages, or engages in child pornography or the exploitation of children; •Posting or transmitting to or from our web sites any unlawful, obscene, libelous, threatening, bullying, harassing, defamatory, pornographic, or any other material that could give rise to any civil or criminal liability under the law; •Promotes, encourages, or engages in terrorism, violence against people, animals, or property; •Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; •You will not impersonate information concerning any other person or entity, or submit content on behalf of any other person or entity without their express prior written consent; •You will treat your access to the forums and other users with respect, and not post content that is off-topic to a forum; •You will not submit content that provides any non-public information about another user, Clever Things, LLC or any of Clever Things, LLC’s employees or customers (including the names and contact information); •You will not submit content that contains third party advertising, spam, chain letters or any other solicitation, including solicitation of lawsuits (links that connect to commercial web sites will not be considered unauthorized solicitations unless the link or web site content appears to be intended as a means of solicitation or part of an “affiliate” program, as determined by us in our sole and absolute discretion). •Violates the Xxxx Xxxxxx Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; •Infringes on the intellectual property rights of another User or any other person or entity; •Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; •Interferes with the operation of this Site or the Services found at this Site; •Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; •Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Clever Things, LLC or Clever Things, LLC’s Services; •You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Clever Things, LLC; •You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies; •You will not access Clever Things, LLC Content or User Content through any technology or means other than through this Site itself, or as Clever Things, LLC may designate; •You agree to back-up all of your User Content so that you can access and use it when needed. Clever Things, LLC does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content; •You will not re-sell or provide the Services for a commercial purpose, including any of Clever Things, LLC’s related technologies, without Clever Things, LLC's express prior written consent; In addition to the general rules above, the provisions in this section apply specifically to your use of Clever Things, LLC Content and User Content posted to Clever Things, LLC’s corporate web sites (i.e., those sites which Clever Things, LLC directly controls or maintains). The applicable provisions are not intended to, and do not have the effect of, transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to our web sites. Except for User Content, the content on this Site, and the Services found at this Site, including without limitation the textphotographs of others, softwarepersonal contact information or credit card, scriptsdebit or calling card or account numbers without their permission; (xii) takes any action that may undermine our feedback or ratings systems; (xiii) breaches or circumvents any laws, source codethird party rights or our systems, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Clever Things, LLC Content”), are owned by or licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensedpolicies, or otherwise exploited for any purposes whatsoever without the express prior written consent determinations of Clever Things, LLC. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Clever Things, LLC reserves all rights not expressly granted in and to the Clever Things, LLC Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), your account status; or (bxiv) literaryattempts to engage in or engages in, artistic, musical, or other contentany potentially harmful acts that are directed against Company Properties, including but not limited to photos and videos (together with User Submissionsviolating or attempting to violate any security features of Company Properties, using manual or automated software or other means to access, “User Content”). By posting scrape,” “crawl” or publishing User Content to this Site or to the Services found at this Site“spider” any pages contained in Company Properties, you represent and warrant to Clever Thingsintroducing viruses, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the sameworms, or because you have the appropriate distribution rightssimilar harmful code into Company Properties, licenses, consents, and / or permissions interfering or attempting to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Clever Things, LLC Content or User Content) or enforce limitations on the use of this Site Company Properties by any other user, host or the Services found at this Sitenetwork, the Clever Thingsincluding by means of overloading, LLC Content “flooding,” “spamming,” “mail bombing,” or the User Content therein“crashing” Company Properties.

Appears in 1 contract

Samples: Terms of Service Agreement

User Conduct. You acknowledge and agree Borrower agrees: (a) not to use the MyAccount service in any manner that your use could damage, disable, overburden or impair the MyAccount service; (b) not to share Borrower’s Passwords with any other user or provide access to the MyAccount service or site to any other person authorized to act on Borrower’s behalf. Any employee of this Site and the Services found at this SiteBorrower, including any content you submitor authorized third party (e.g., will comply with this Agreement and all applicable local, state, national and international laws, rulesaccounting company) who requires such access, and regulations. You will is approved by Borrower’s User Administrator, should apply for their own Passwords; (c) not collect to upload, post, or harvest otherwise transmit through or on the MyAccount site any viruses or other harmful, disruptive or destructive files; (d) not to knowingly post on the MyAccount service or permit anyone else site information which is untrue, incomplete or inaccurate; (e) not to collect transmit through or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another Useron the MyAccount site “spam”, chain letters, junk mail or any other person type of unsolicited mass email to people or entity without their express prior written consent. Clever Things, LLC reserves entities who have not agreed to be part of such mailings; (f) not to post or otherwise disseminate on or through the right to remove any content it deems as inappropriate. You will not use this Site or the Services found at this Site, through content or hyperlinks, in a manner (as determined by Clever Things, LLC in its sole and absolute discretion) that: •Promotes, encourages, or engages in an illegal activity; •Promotes, encourages, or engages in child pornography or the exploitation of children; •Posting or transmitting to or from our web sites any unlawful, obscene, libelous, threatening, bullying, MyAccount site harassing, defamatory, pornographiclibelous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other material proprietary or property right or that could constitute a criminal offense, give rise to civil liability or otherwise violate any civil or criminal liability under the applicable law; •Promotes(g) not to use any robot, encouragesspider or other automatic device, or engages in terrorismmanual process to monitor, violence against peopleextract, animalscollect, harvest or property; •Promotescopy the web pages or any data or data fields contained at the MyAccount site including, encouragesbut not limited to, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; •You will not impersonate any other person or entity, or submit content on behalf personally identifiable information of any other person user of the MyAccount site, or entity without their express prior written consent; •You will treat your access to the forums and other users with respect, and not post content that is off-topic to a forum; •You will not submit content that provides any non-public information about another user, Clever Things, LLC or any of Clever Things, LLC’s employees or customers (including the names and contact information)of customers of Lender or its affiliates; •You will (h) not submit content that contains third party advertisingto modify, spamassign, chain letters sublicense, sell or prepare derivative works of any other solicitation, including solicitation of lawsuits (links that connect to commercial web sites will not be considered unauthorized solicitations unless the link or web site content appears to be intended as a means of solicitation or part of an “affiliate” program, as determined by us in our sole and absolute discretion). •Violates the Xxxx Xxxxxx Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; •Infringes materials on the intellectual property rights of another User MyAccount site nor to reproduce or any other person publicly display, perform, distribute or entityotherwise use such materials except as expressly allowed herein; •Violates the privacy or publicity rights of another User or any other person or entity(i) to retain, or breaches any duty of confidentiality that you owe to another User or any other person or entity; •Interferes with the operation of this Site or the Services found at this Site; •Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality on all copies of any software or hardware; •Contains false or deceptive languagematerials downloaded, or unsubstantiated or comparative claims, regarding Clever Things, LLC or Clever Things, LLC’s Services; •You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Clever Things, LLC; •You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies; •You will not access Clever Things, LLC Content or User Content through any technology or means other than through this Site itself, or as Clever Things, LLC may designate; •You agree to back-up all of your User Content so that you can access and use it when needed. Clever Things, LLC does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content; •You will not re-sell or provide the Services for a commercial purpose, including any of Clever Things, LLC’s related technologies, without Clever Things, LLC's express prior written consent; In addition to the general rules above, the provisions in this section apply specifically to your use of Clever Things, LLC Content and User Content posted to Clever Things, LLC’s corporate web sites (i.e., those sites which Clever Things, LLC directly controls or maintains). The applicable provisions are not intended to, and do not have the effect of, transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to our web sites. Except for User Content, the content on this Site, and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Clever Things, LLC Content”), are owned by or licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / or patent protection other proprietary notices contained in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided materials; (j) not to you “as is”, “as available” and “interfere with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensedthe security of, or otherwise exploited for any purposes whatsoever without abuse, the express prior written consent of Clever Things, LLC. No right or license under any copyright, trademark, patentMyAccount service, or any services, system resources, accounts, servers or networks connected to or accessible through the MyAccount site or affiliated or linked sites; (k) not to disrupt or interfere with any other proprietary right Person’s use and enjoyment of the MyAccount service or license is granted by this Agreement. Clever Thingsaffiliated or linked sites; (l) not to use or attempt to use another’s account, LLC reserves all rights service or system without authorization from Lender to create or use a false identity on the MyAccount service; (m) not expressly granted in and to attempt to obtain unauthorized access to the Clever Things, LLC Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights. Some MyAccount service or portions of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you MyAccount service which are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and / or permissions to use, in writing, restricted from the copyright or other owner of the User Content, general access; and (iin) you do not violate the rights of any third party. You agree not to circumvent, disable or otherwise interfere comply with the security-related features of this Site or the Services found at this Site (including without limitation those features all applicable laws that prevent or restrict relate to its use or copying of any Clever Things, LLC Content or User Content) or enforce limitations activities on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinMyAccount service.

Appears in 1 contract

Samples: Loan and Security Agreement (Nimblegen Systems Inc)

User Conduct. You acknowledge and agree The Borrower agrees: (1) not to use the MyAccount service in any manner that your use could damage, disable, overburden or impair the MyAccount service; (ii) not to share the Borrower’s Passwords with any other user or provide access to the MyAccount service or site to any other Person authorized to act on the Borrower’s behalf. Any employee of this Site and the Services found at this SiteBorrower, including any content you submitor authorized third party (e.g., will comply with this Agreement and all applicable local, state, national and international laws, rulesaccounting company) who requires such access, and regulations. You will is approved by the Borrower’s User Administrator, should apply for their own Passwords; (iii) not collect to upload, post, or harvest otherwise transmit through or on the MyAccount site any viruses or other harmful, disruptive or destructive files; (iv) not to knowingly post on the MyAccount service or permit anyone else site information which is untrue, incomplete or inaccurate; (v) not to collect transmit through or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another Useron the MyAccount site “spam”, chain letters, junk mail or any other person type of unsolicited mass email to Persons who have not agreed to be part of such mailings; (vi) not to post or entity without their express prior written consent. Clever Things, LLC reserves otherwise disseminate on or through the right to remove any content it deems as inappropriate. You will not use this Site or the Services found at this Site, through content or hyperlinks, in a manner (as determined by Clever Things, LLC in its sole and absolute discretion) that: •Promotes, encourages, or engages in an illegal activity; •Promotes, encourages, or engages in child pornography or the exploitation of children; •Posting or transmitting to or from our web sites any unlawful, obscene, libelous, threatening, bullying, MyAccount site harassing, defamatory, pornographiclibelous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other material proprietary or property right or that could constitute a criminal offense, give rise to civil liability or otherwise violate any civil or criminal liability under the applicable law; •Promotes(vii) not to use any robot, encouragesspider or other automatic device, or engages in terrorismmanual process to monitor, violence against peopleextract, animalscollect, harvest or property; •Promotescopy the web pages or any data or data fields contained at the MyAccount site including, encouragesbut not limited to, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; •You will not impersonate any other person or entity, or submit content on behalf personally identifiable information of any other person user of the MyAccount site, or entity without their express prior written consent; •You will treat your access to the forums and other users with respect, and not post content that is off-topic to a forum; •You will not submit content that provides any non-public information about another user, Clever Things, LLC or any of Clever Things, LLC’s employees or customers (including the names and contact information)of customers of the Lender or its Affiliates; •You will (viii) not submit content that contains third party advertisingto modify, spamassign, chain letters sublicense, sell or prepare derivative works of any other solicitation, including solicitation of lawsuits (links that connect to commercial web sites will not be considered unauthorized solicitations unless the link or web site content appears to be intended as a means of solicitation or part of an “affiliate” program, as determined by us in our sole and absolute discretion). •Violates the Xxxx Xxxxxx Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; •Infringes materials on the intellectual property rights of another User MyAccount site nor to reproduce or any other person publicly display, perform, distribute or entityotherwise use such materials except as expressly allowed herein; •Violates the privacy or publicity rights of another User or any other person or entity(ix) to retain, or breaches any duty of confidentiality that you owe to another User or any other person or entity; •Interferes with the operation of this Site or the Services found at this Site; •Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality on all copies of any software or hardware; •Contains false or deceptive languagematerials downloaded, or unsubstantiated or comparative claims, regarding Clever Things, LLC or Clever Things, LLC’s Services; •You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Clever Things, LLC; •You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies; •You will not access Clever Things, LLC Content or User Content through any technology or means other than through this Site itself, or as Clever Things, LLC may designate; •You agree to back-up all of your User Content so that you can access and use it when needed. Clever Things, LLC does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content; •You will not re-sell or provide the Services for a commercial purpose, including any of Clever Things, LLC’s related technologies, without Clever Things, LLC's express prior written consent; In addition to the general rules above, the provisions in this section apply specifically to your use of Clever Things, LLC Content and User Content posted to Clever Things, LLC’s corporate web sites (i.e., those sites which Clever Things, LLC directly controls or maintains). The applicable provisions are not intended to, and do not have the effect of, transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to our web sites. Except for User Content, the content on this Site, and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Clever Things, LLC Content”), are owned by or licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / or patent protection other proprietary notices contained in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided materials; (x) not to you “as is”, “as available” and “interfere with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensedthe security of, or otherwise exploited for any purposes whatsoever without abuse, the express prior written consent of Clever Things, LLC. No right or license under any copyright, trademark, patentMyAccount service, or any services, system resources, accounts, servers or networks connected to or accessible through the MyAccount site or affiliated or linked sites; (xi) not to disrupt or interfere with any other proprietary right Person’s use and enjoyment of the MyAccount service or license is granted by this Agreement. Clever Thingsaffiliated or linked sites; (xii) not to use or attempt to use another’s account, LLC reserves all rights service or system without authorization from the Lender to create or use a false identity on the MyAccount service; (xiii) not expressly granted in and to attempt to obtain unauthorized access to the Clever Things, LLC Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights. Some MyAccount service or portions of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you MyAccount service which are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and / or permissions to use, in writing, restricted from the copyright or other owner of the User Content, general access; and (iixiv) you do not violate the rights of any third party. You agree not to circumvent, disable or otherwise interfere comply with the security-related features of this Site or the Services found at this Site (including without limitation those features all applicable laws that prevent or restrict relate to its use or copying of any Clever Things, LLC Content or User Content) or enforce limitations activities on the use of this Site or the Services found at this Site, the Clever Things, LLC Content or the User Content thereinMyAccount service.

Appears in 1 contract

Samples: Loan and Security Agreement (Salient Surgical Technologies, Inc.)

User Conduct. You acknowledge and agree Borrower agrees: (i) not to use the MyAccount service in any manner that your use could damage, disable, overburden or impair the MyAccount service; (ii) not to share Borrower’s Passwords with any other user or provide access to the MyAccount service or site to any other Person authorized to act on Borrower’s behalf. Any employee of this Site and the Services found at this SiteBorrower, including any content you submitor authorized third party (e.g., will comply with this Agreement and all applicable local, state, national and international laws, rulesaccounting company) who requires such access, and regulations. You will is approved by Borrower’s User Administrator, should apply for their own Passwords; (iii) not collect to upload, post, or harvest otherwise transmit through or on the MyAccount site any viruses or other harmful, disruptive or destructive files; (iv) not to knowingly post on the MyAccount service or permit anyone else site information which is untrue, incomplete or inaccurate; (v) not to collect transmit through or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another Useron the MyAccount site “spam”, chain letters, junk mail or any other person type of unsolicited mass email to Persons who have not agreed to be part of such mailings; (vi) not to post or entity without their express prior written consent. Clever Things, LLC reserves otherwise disseminate on or through the right to remove any content it deems as inappropriate. You will not use this Site or the Services found at this Site, through content or hyperlinks, in a manner (as determined by Clever Things, LLC in its sole and absolute discretion) that: •Promotes, encourages, or engages in an illegal activity; •Promotes, encourages, or engages in child pornography or the exploitation of children; •Posting or transmitting to or from our web sites any unlawful, obscene, libelous, threatening, bullying, MyAccount site harassing, defamatory, pornographiclibelous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other material proprietary or property right or that could constitute a criminal offense, give rise to civil liability or otherwise violate any civil or criminal liability under the applicable law; •Promotes(vii) not to use any robot, encouragesspider or other automatic device, or engages in terrorismmanual process to monitor, violence against peopleextract, animalscollect, harvest or property; •Promotescopy the web pages or any data or data fields contained at the MyAccount site including, encouragesbut not limited to, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; •You will not impersonate any other person or entity, or submit content on behalf personally identifiable information of any other person user of the MyAccount site, or entity without their express prior written consent; •You will treat your access to the forums and other users with respect, and not post content that is off-topic to a forum; •You will not submit content that provides any non-public information about another user, Clever Things, LLC or any of Clever Things, LLC’s employees or customers (including the names and contact information)of customers of Administrative Agent or its Affiliates; •You will (viii) not submit content that contains third party advertisingto modify, spamassign, chain letters sublicense, sell or prepare derivative works of any other solicitation, including solicitation of lawsuits (links that connect to commercial web sites will not be considered unauthorized solicitations unless the link or web site content appears to be intended as a means of solicitation or part of an “affiliate” program, as determined by us in our sole and absolute discretion). •Violates the Xxxx Xxxxxx Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; •Infringes materials on the intellectual property rights of another User MyAccount site nor to reproduce or any other person publicly display, perform, distribute or entityotherwise use such materials except as expressly allowed herein; •Violates the privacy or publicity rights of another User or any other person or entity(ix) to retain, or breaches any duty of confidentiality that you owe to another User or any other person or entity; •Interferes with the operation of this Site or the Services found at this Site; •Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality on all copies of any software or hardware; •Contains false or deceptive languagematerials downloaded, or unsubstantiated or comparative claims, regarding Clever Things, LLC or Clever Things, LLC’s Services; •You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Clever Things, LLC; •You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies; •You will not access Clever Things, LLC Content or User Content through any technology or means other than through this Site itself, or as Clever Things, LLC may designate; •You agree to back-up all of your User Content so that you can access and use it when needed. Clever Things, LLC does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content; •You will not re-sell or provide the Services for a commercial purpose, including any of Clever Things, LLC’s related technologies, without Clever Things, LLC's express prior written consent; In addition to the general rules above, the provisions in this section apply specifically to your use of Clever Things, LLC Content and User Content posted to Clever Things, LLC’s corporate web sites (i.e., those sites which Clever Things, LLC directly controls or maintains). The applicable provisions are not intended to, and do not have the effect of, transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to our web sites. Except for User Content, the content on this Site, and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Clever Things, LLC Content”), are owned by or licensed to Clever Things, LLC in perpetuity, and are subject to copyright, trademark, and / or patent protection other proprietary notices contained in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Clever Things, LLC Content is provided materials; (x) not to you “as is”, “as available” and “interfere with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensedthe security of, or otherwise exploited for any purposes whatsoever without abuse, the express prior written consent of Clever Things, LLC. No right or license under any copyright, trademark, patentMyAccount service, or any services, system resources, accounts, servers or networks connected to or accessible through the MyAccount site or affiliated or linked sites; (xi) not to disrupt or interfere with any other proprietary right Person’s use and enjoyment of the MyAccount service or license is granted by this Agreement. Clever Thingsaffiliated or linked sites; (xii) not to use or attempt to use another’s account, LLC reserves all rights service or system without authorization from Administrative Agent to create or use a false identity on the MyAccount service; (xiii) not expressly granted in and to attempt to obtain unauthorized access to the Clever Things, LLC Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights. Some MyAccount service or portions of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Clever Things, LLC that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you MyAccount service which are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and / or permissions to use, in writing, restricted from the copyright or other owner of the User Content, general access; and (iixiv) you do not violate the rights of any third party. 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Appears in 1 contract

Samples: Credit Agreement (Medical Staffing Network Holdings Inc)

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