Restrictions on Access and Use of the Platform. You agree to use the Platform only as expressly set out in and permitted by this Agreement and to comply with the terms, restrictions, and conditions of this Agreement. Without limiting the generality of the foregoing, unless and only to the extent otherwise expressly permitted by this Agreement or in writing by HomeStars, you will not, on your own or with any other Person, directly or indirectly, in any way: (1) access or use the Platform or any other HomeStars Property (in whole or in part) that is not expressly authorized by HomeStars for use by you, including to create multiple trade accounts for Your Business or to create a Customer Account; (2) attempt to use any systems or methods to circumvent or avoid the payment of any Fees or Charges payable pursuant to this Agreement; (3) access or use the Platform or any other HomeStars Property (in whole or in part) in any way or for any purpose that violates any of the terms and conditions of this Agreement or Applicable Law; (4) access or use the Platform or any other HomeStars Property (in whole or in part) in any way or for any purpose that violates or infringes the rights (including intellectual property rights or privacy rights) of HomeStars or any User or any other Person or in any way restricts or inhibits any User’s use and enjoyment of the Platform; (5) use the Platform or any HomeStars Property (in whole or in part) for any purpose or in any manner that falsely implies HomeStars’ endorsement of you, a partnership with HomeStars, or otherwise misleads others as to your affiliation or relationship with HomeStars; (6) use the Platform, the Services, or any outputs therefrom (in whole or in part) in a manner that could compete with the Platform or HomeStars or any of HomeStars’ businesses or services; (7) exploit the Platform or any other HomeStars Property (in whole or in part), including by trespass or burdening network capacity; (8) reproduce the Platform or any other HomeStars Property (in whole or in part) in any form or by any means; (9) make available, distribute, display, post, disseminate, publish, republish, transmit, re- transmit, communicate to the public, or broadcast the Platform or any other HomeStars Property (in whole or in part); (10) use the Platform or any other HomeStars Property (in whole or in part) in any way for or on behalf of any other Person, permit any other Person to use the Platform or any other HomeStars Property (in whole or in part) in any way, or re-licence or sublicence the Licence (in whole or in part) to any Person; (11) use the Platform (in whole or in part) in the operation of a service bureau or process or permit to be processed the information or data of any Person; (12) copy, store, or otherwise access or use any information, including Personal Information of any other User, contained on or accessible by way of the Platform in any way that is inconsistent with this Agreement (including our Privacy Policy) or that otherwise violates Applicable Law or the rights (including intellectual property rights or privacy rights) of any Person (including any User); (13) use the Platform in connection with the transmission or distribution of commercial electronic messages (CEMs) in violation of CASL or any other similar Applicable Law; (14) discriminate against or harass anyone, including any other User, on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation or otherwise engage in any violent, harmful, abusive, or disruptive behavior; (15) modify, copy, duplicate, virtualize, mirror, create derivative works of, reverse engineer, decompile, disassemble, translate, or otherwise exploit the Platform, the Platform’s architecture, layout, or design, any associated web page or form contained thereon, the Software, or any other HomeStars Property (in whole or in part), including making use of any data schemas or dictionaries, or attempt to do any of the foregoing or allow or enable any Person to do the same; (16) scrape, whether by way of screen scraping or database scraping, the Platform, the Software, or any other HomeStars Property (in whole or in part) or use any robot, spider, or crawler or otherwise interact with the Platform or Software or engage in any other activity intended to collect, store, reorganize, summarize, or manipulate any HomeStars Property (in whole or in part), whether by automatic or manual programs, means, or processes; (17) avoid, bypass, remove, deactivate, impair, descramble, tamper with, or otherwise attempt to circumvent any technological measure implemented by HomeStars or any Person for or on behalf of HomeStars to protect the Platform, the Software, or any other HomeStars Property (in whole or in part); (18) take any action that damages or adversely affects or could damage or adversely affect the performance or proper functioning of the Platform or the Software; (19) sell, licence, sublicence, transfer, share, distribute, rent, lease, loan, or engage in any other commercial transaction relating to the Platform, any Lead, any Customer Data, or any other HomeStars Property (in whole or in part) or any reproduction of all or any portion thereof in any medium; or (20) dilute, tarnish, or otherwise harm the HomeStars brand or reputation in any way, including through unauthorized use of the Platform, the Software, or any other HomeStars Property, registering or using any HomeStars Marks or derivative terms in any way, including in domain names, trade names, trademarks, or other source identifiers, or registering or using domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to HomeStars’ domains, trade names, trademarks, taglines, promotional campaigns, or any other HomeStars Property.
Appears in 1 contract
Sources: Professional User Agreement
Restrictions on Access and Use of the Platform. You agree to use the Platform only as expressly set out in and permitted by this Agreement and to comply with the terms, restrictions, and conditions of this Agreement. Without limiting the generality of the foregoing, unless and only to the extent otherwise expressly permitted by this Agreement or in writing by HomeStars, you will not, on your own or with any other Person, directly or indirectly, in any way:
(1) access or use the Platform or any other HomeStars Property (in whole or in part) that is not expressly authorized by HomeStars for use by you, including to create multiple trade accounts for Your Business or to create a Customer Accountcustomer accounts;
(2) attempt to use any systems or methods to circumvent or avoid the payment of any Fees or Charges payable pursuant to this Agreement;
(3) access or use the Platform or any other HomeStars Property (in whole or in part) in any way or for any purpose that violates any of the terms and conditions of this Agreement or Applicable Law;
(43) access or use the Platform or any other HomeStars Property (in whole or in part) in any way or for any purpose that violates or infringes the rights (including intellectual property rights or privacy rights) of HomeStars or any User or any other Person or in any way restricts or inhibits any User’s use and enjoyment of the Platform;
(54) use the Platform or any HomeStars Property (in whole or in part) for any purpose or in any manner that falsely implies HomeStars’ endorsement of you, a partnership with HomeStars, or otherwise misleads others as to your affiliation or relationship with HomeStars;
(65) use the Platform, the Services, or any outputs therefrom (in whole or in part) in a manner that could compete with the Platform or HomeStars or any of HomeStars’ businesses or services;
(76) exploit the Platform or any other HomeStars Property (in whole or in part), including by trespass or burdening network capacity;
(8) 7) reproduce the Platform or any other HomeStars Property (in whole or in part) in any form or by any means;
(9) 8) make available, distribute, display, post, disseminate, publish, republish, transmit, re- transmit, communicate to the public, or broadcast the Platform or any other HomeStars Property (in whole or in part);
(109) use the Platform or any other HomeStars Property (in whole or in part) in any way for or on behalf of any other Person, permit any other Person to use the Platform or any other HomeStars Property (in whole or in part) in any way, or re-licence or sublicence the Licence (in whole or in part) to any Person;
(1110) use the Platform (in whole or in part) in the operation of a service bureau or process or permit to be processed the information or data of any Person;
(1211) copy, store, or otherwise access or use any information, including Personal Information personal information of any other User, contained on or accessible by way of the Platform in any way that is inconsistent with this Agreement (including our Privacy Policy) or that otherwise violates Applicable Law or the rights (including intellectual property rights or privacy rights) of any Person (including any User);
(13) use the Platform in connection with the transmission or distribution of commercial electronic messages (CEMs) in violation of CASL or any other similar Applicable Law;
(1412) discriminate against or harass anyone, including any other User, on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation or otherwise engage in any violent, harmful, abusive, or disruptive behavior;
(1513) modify, copy, duplicate, virtualize, mirror, create derivative works of, reverse engineer, decompile, disassemble, translate, or otherwise exploit the Platform, the Platform’s architecture, layout, or design, any associated web page or form contained thereon, the Software, or any other HomeStars Property (in whole or in part), including making use of any data schemas or dictionaries, or attempt to do any of the foregoing or allow or enable any Person to do the same;
(1614) scrape, whether by way of screen scraping or database scraping, the Platform, the Software, or any other HomeStars Property (in whole or in part) or use any robot, spider, or crawler or otherwise interact with the Platform or Software or engage in any other activity intended to collect, store, reorganize, summarize, or manipulate any HomeStars Property (in whole or in part), whether by automatic or manual programs, means, or processes;
(1715) avoid, bypass, remove, deactivate, impair, descramble, tamper with, or otherwise attempt to circumvent any technological measure implemented by HomeStars or any Person for or on behalf of HomeStars to protect the Platform, the Software, or any other HomeStars Property (in whole or in part);
(1816) take any action that damages or adversely affects or could damage or adversely affect the performance or proper functioning of the Platform or the Software;
(1917) sell, licence, sublicence, transfer, share, distribute, rent, lease, loan, or engage in any other commercial transaction relating to the Platform, any Lead, any Customer Professional Data, or any other HomeStars Property (in whole or in part) or any reproduction of all or any portion thereof in any medium; or
(2018) dilute, tarnish, or otherwise harm the HomeStars brand or reputation in any way, including through unauthorized use of the Platform, the Software, or any other HomeStars Property, registering or using any HomeStars Marks or derivative terms in any way, including in domain names, trade names, trademarks, or other source identifiers, or registering or using domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to HomeStars’ domains, trade names, trademarks, taglines, promotional campaigns, or any other HomeStars Property.
Appears in 1 contract
Sources: Customer User Agreement