Common use of Spamming and Illegal Activities Clause in Contracts

Spamming and Illegal Activities. You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. NSYS Group reserves the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity. Inactive User Accounts Policy NSYS Group reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. NSYS Group will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive. Data Ownership NSYS Group respects your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant NSYS Group the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for NSYS Group’s commercial, marketing or any similar purpose. But you grant NSYS Group permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you. User Generated Content You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that NSYS Group will have the right to block access to or remove such content made available by you if NSYS Group receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by NSYS Group for this purpose.

Appears in 1 contract

Samples: An Agreement

AutoNDA by SimpleDocs

Spamming and Illegal Activities. You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelouslibellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. NSYS Group reserves We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized unauthorised activity. Inactive User Accounts Policy NSYS Group reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. NSYS Group will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive. Data Ownership NSYS Group respects We respect your right to ownership of content created or stored by you. You own the content created or stored by you, and it is your responsibility to adhere to the prevailing Data Protection legislation in all regards relating to that data. Unless specifically permitted by you, your use of the Services does not grant NSYS Group ProspectSoft the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for NSYS GroupProspectSoft’s commercial, marketing or any similar purpose. But you grant NSYS Group ProspectSoft permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you, and where necessary to use that data in order to calculate usage criteria for billing purposes. User Generated Content You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization authorisation or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that NSYS Group ProspectSoft will have the right to block access to or remove such content made available by you if NSYS Group ProspectSoft receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the ProspectSoft or any agent designated by NSYS Group ProspectSoft for this purpose. If you wish to protest any blocking or removal of content by ProspectSoft, you may do so by contacting xxxxxxx@xxxxxxxxxxxx.xxx. Sample files, data and Applications ProspectSoft may provide sample files, data and applications for the purpose of demonstrating the possibility of using the Services effectively. The information contained in any such sample files, data and applications is provided for demonstration purposes only. ProspectSoft makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files, data and applications. Trademark ProspectSoft, ProspectSoft logo, the names of individual Services and their logos are trademarks of ProspectSoft Limited. You agree not to display or use, in any manner, the ProspectSoft trademarks, without ProspectSoft’s prior permission. Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PROSPECTSOFT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROSPECTSOFT MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROSPECTSOFT, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT PROSPECTSOFT SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROSPECTSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PROSPECTSOFT’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE DURING THAT MONTH.

Appears in 1 contract

Samples: An Agreement

Spamming and Illegal Activities. You agree to be solely responsible for the contents of your Your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. NSYS Group reserves the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity. Inactive User Accounts Policy NSYS Group reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. NSYS Group will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive. Data Ownership NSYS Group respects your We respect Your right to ownership of content created or stored by youYou. You own Your company, employer, contractor, organization, or any other person or entity from whom Your access is derived owns the content created or stored by youYou. Unless specifically permitted by youYou, your Your use of the Services does not grant NSYS Group Protoduction Systems the license to use, reproduce, adapt, modify, publish or distribute the content created by you You or stored in your Your user account for NSYS Group’s Protoduction Systems commercial, marketing or any similar purpose. But you You grant NSYS Group Protoduction Systems permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your Your user account solely as required for the purpose of providing the Services to youYou. Notwithstanding the foregoing, Protoduction Systems reserves the right to access Your data as required by applicable law or by proper legal or governmental authority. Protoduction Systems shall give Customer prompt notice of any such legal or governmental demand and reasonably cooperate with Customer in any effort to seek a protective order or otherwise to contest such required disclosure at Your expense. LICENSEE IS THE DATA OWNER AND IS RESPONSIBLE TO MAINTAIN REGULAR DATA BACKUPS OR REDUNDANT DATA ARCHIVES. PROTODUCTION HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF CUSTOMER DATA. PROTODUCTION HAS NO OBLIGATION TO MAINTAIN YOUR DATA AFTER THE EXPIRATION OF YOUR SUBSCRIPTION. IF YOU WISH TO MAINTAIN A COPY OF YOUR DATA AFTER YOUR SUBSCRIPTION HAS ENDED THE DATA WILL NEED TO BE BACKED-UP OR DOWNLOADED BY YOU PRIOR TO THE END OF YOUR SUBSCRIPTION. User Generated Content You may transmit or publish content created by you You using any of the Services or otherwise. However, you You shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you You do not accidentally make any private content publicly available. Any content that you You may receive from other users of the Services, is provided to you You AS IS for your Your information and personal use only and you You agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that NSYS Group will have the right to block access to or remove such content made available by you if NSYS Group receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by NSYS Group for this purpose.

Appears in 1 contract

Samples: Is an Agreement

Spamming and Illegal Activities. You agree to be solely only responsible for the contents of your transmissions program through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. NSYS Group reserves We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity. Inactive User Accounts Policy NSYS Group INACTIVE USER ACCOUNTS POLICY We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 60 days. In the event of such termination, all data associated with such user account will be deleted. NSYS Group We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive. Data Ownership NSYS Group respects DATA OWNERSHIP We respect your right to ownership of content created or stored added by you. You own the content created or stored by you. Unless specifically permitted specially allowed by you, your use of the Services does not grant NSYS Group ANMsoft the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for NSYS GroupANMsoft’s commercial, marketing or any similar purpose. But you grant NSYS Group ANMsoft permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you. User Generated Content You may transmit or publish content created by you using any Post termination of the Services or otherwise. HoweverTravel Accounting Contract , you shall be solely responsible are hereby advised to collect all the data within 30 days. After 30 days we are not liable for such content data loss. TRADEMARK ANMsoft, ANMsoft logo, the names of individual Services and the consequences their logos are trademarks of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search enginesANMSOFT Corporation. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to display or use, copyin any manner, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purposethe ANMsoft trademarks, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or Anmsoft's prior permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that NSYS Group will have the right to block access to or remove such content made available by you if NSYS Group receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by NSYS Group for this purpose.

Appears in 1 contract

Samples: Terms

Spamming and Illegal Activities. You agree to be Customer agrees Customer is solely responsible for the contents of your Customer’s transmissions through the Services. You agree Customer agrees not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's another person’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious codeviruses, or that which infringes or may infringe the intellectual property or other proprietary rights of anotheranother person. You agree Customer agrees not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or other unsolicited mass distribution of emailemail or other unauthorized or unsolicited activity. NSYS Group Nimble reserves the right to terminate your Customer’s access to the Services if there are reasonable grounds to believe Nimble believes that you have Customer has used the Services for any illegal or unauthorized activity. Inactive User Accounts Policy NSYS Group reserve the DATA OWNERSHIP We respect Customer’s right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. NSYS Group will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive. Data Ownership NSYS Group respects your right to exclusive ownership of Customer’s published and stored content in the Nimble Account, including but not limited to contact names, tasks, events, messages in the Nimble Account and posted to social networks, and related content created or stored by you. You own Customer and any type of data that identifies Customer or any specific customer or program, including but not limited to information about usage, account information, internal team members, or merchants in conjunction with Customer or Customer’s customers, Contact Information (the content created or stored by you“Confidential Information”). Unless specifically permitted by youCustomer, your Customer’s use of the Services does not grant NSYS Group Nimble the license to use, reproduce, adapt, modify, publish or distribute the Confidential Information content created by you Customer or stored in your user account Customer’s Nimble Account for NSYS GroupNimble’s commercial, marketing or any similar purpose. But you grant NSYS Group permission Customer expressly grants Nimble the right to access, copy, distribute, store, transmit, reformat, publicly display use and publicly perform analyze aggregate system activity data associated with use of the content of your user account solely as required Services by Customer and other subscribers for the purpose purposes of providing optimizing, improving or enhancing the way the Services operate, and to youcreate new features and functionality in connection with the Services in the sole discretion of Nimble. User Generated Content You SUBSCRIBER-GENERATED CONTENT Customer may transmit or publish content created by you Customer using any of the Services or otherwise. However, you Customer shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the ServicesANY CONTENT THAT CUSTOMER MAY RECEIVE FROM OTHER SUBSCRIBERS OF THE SERVICES, is provided to you AS IS for your information and personal use only and you agree not to usePROVIDED TO CUSTOMER AS-IS FOR CUSTOMER’S INFORMATION AND PERSONAL USE ONLY AND CUSTOMER AGREES NOT TO USE, copyCOPY, reproduceREPRODUCE, distributeDISTRIBUTE, transmitTRANSMIT, broadcastBROADCAST, displayDISPLAY, sellSELL, license or otherwise exploit such content for any purposeLICENSE OR OTHERWISE EXPLOIT SUCH CONTENT FOR ANY PURPOSE, without the express written consent of the person who owns the rights to such contentWITHOUT THE EXPRESS WRITTEN CONSENT OF THE PERSON WHO OWNS THE RIGHTS TO SUCH CONTENT. In the course of using any of the Services, if you come Customer comes across any content with copyright notice(s) or any copy protection feature(s), you agree Customer agrees not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm Customer affirms that you have Customer has the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioneddescribed above, you Customer expressly agree agrees that NSYS Group will Nimble shall have the right to immediately block access to or remove such content made available by you Customer, if NSYS Group Nimble receives complaints concerning any illegality or infringement of third party rights in such content. By using the any of the Services and transmitting or publishing any content using such Servicethe Services, you Customer hereby expressly consent and irrevocably consents to determination of questions of illegality or infringement of third party rights in such content by the agent designated by NSYS Group Nimble for this purpose.. INTELLECTUAL PROPERTY RIGHTS Nimble, both the word and xxxx, and the logos are trademarks of Nimble. Customer agrees not to display or use, in any manner, the Nimble trademarks, without Nimble’s express prior written consent. Customer acknowledges and agrees that Nimble is and shall remain the exclusive owner of all right, title and interest in and to the Services, including without limitation all patent, copyright, trade secret, trademark and other intellectual property rights therein, including any optimizations, enhancements, modifications or additional features added from time to time by Nimble, whether in connection with Customer’s use or feedback or otherwise. Except for the right to use the Services strictly in accordance with these Terms, as amended or modified from time to time, no license or conveyance of any such proprietary rights to Customer is granted or implied under these Terms. THIRD PARTY INTERACTIONS During Customer’s use of the Services, Customer may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third parties displaying their goods and/or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between Customer and the applicable third-party and is governed by any terms, rules, regulations and policies of such third party. Nimble and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between Customer and any such third-party. Nimble and its licensors shall not be responsible for interruptions in service or performance from third parties, or any interruptions in the Services caused by such third party services. Nimble expressly does not endorse any sites on the Internet that are linked through the Services, and in no event shall Nimble or its licensors be responsible for any content, products, or other materials on or available from such third-party sites. Nimble provides the Services to Customer pursuant to the terms and conditions of these Terms. Customer recognizes, however, that certain third-party providers of ancillary software, hardware or services may require Customer’s agreement to additional or different license or other terms prior to Customer’s use of or access to such software, hardware or services. CUSTOMER ACCESS By agreeing to these Terms, Customer will be provided access to the Services on the terms and conditions outlined herein from time to time. If necessary, Nimble reserves the right to deny Customer’s access to the Services from time to time in order to permit Nimble to perform routine or emergency maintenance, bug fixes or upgrades, in which event, Customer authorizes Nimble to access Customer’s Nimble Account. Nimble shall use commercially reasonable efforts to notify Customer of anticipated material disruptions in the Services and shall make commercially reasonable efforts to schedule such activities at non-peak user hours. In addition, Nimble reserves the right, in its sole discretion, to reassign or rename Customer’s domain/profile URL. Nimble is not responsible for outages or service degradations where systems, programs, data, or processes that are controlled, supplied or operated by Customer are contributing factors to the outage or service degradation. In addition, where the Services are Internet- based, Customer acknowledges and agrees that Nimble cannot control the flow of data between its servers, other portions of the Internet and Customer’s connections and computers. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions caused by these third parties can impair Customer’s connections to the Internet. Although Nimble will use its commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, it cannot guarantee that they will not occur. DISCLAIMER OF WARRANTIES CUSTOMER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE USE OF THE SERVICES IS AT CUSTOMER’S SOLE RISK AND LIABILITY. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. NIMBLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NIMBLE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIALS DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT CUSTOMER’S OWN DISCRETION AND RISK AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY CUSTOMER FROM NIMBLE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THESE TERMS. LIMITATION OF LIABILITY

Appears in 1 contract

Samples: www.nimble.com

Spamming and Illegal Activities. You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's another person’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious codeviruses, or that which infringes or may infringe the intellectual property or other proprietary rights of anotheranother person. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or other unsolicited mass distribution of emailemail or other unauthorized or unsolicited activity. NSYS Group Nimble reserves the right to terminate your access to the Services if there are reasonable grounds to believe Nimble believes that you have used the Services for any illegal or unauthorized activity. Inactive User Accounts Policy NSYS Group reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. NSYS Group will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with DATA OWNERSHIP We respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive. Data Ownership NSYS Group respects your right to exclusive ownership of your published and stored content in the Services, including but not limited to contact names, tasks, events, messages in the Services and posted to social networks, and related content created or stored by you. You own you and any type of data that identifies you or any specific customer or program, including but not limited to information about usage, account information, internal team members, or merchants in conjunction with you or your customers (the content created or stored by you“Confidential Information”). Unless specifically permitted by you, your use of the Services does not grant NSYS Group Nimble the license to use, reproduce, adapt, modify, publish or distribute the Confidential Information content created by you or stored in your user account Nimble Account for NSYS GroupNimble’s commercial, marketing or any similar purpose. But You expressly grant Nimble the right to use and analyze aggregate system activity data associated with use of the Services by you grant NSYS Group permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required other subscribers for the purpose purposes of providing optimizing, improving or enhancing the way the Services operate, and to youcreate new features and functionality in connection with the Services in the sole discretion of Nimble. User Generated Content USER-GENERATED CONTENT You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS AS-IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioneddescribed above, you expressly agree that NSYS Group will Nimble shall have the right to immediately block access to or remove such content made available by you you, if NSYS Group Nimble receives complaints concerning any illegality or infringement of third party rights in such content. By using the any of the Services and transmitting or publishing any content using such Servicethe Services, you hereby expressly and irrevocably consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by NSYS Group Nimble for this purpose. INTELLECTUAL PROPERTY RIGHTS Nimble, both the word and xxxx, and the logos are trademarks of Nimble. You agree not to display or use, in any manner, the Nimble trademarks, without Nimble’s express prior written consent. You acknowledge and agree that Nimble is and shall remain the exclusive owner of all right, title and interest in and to the Services, including without limitation all patent, copyright, trade secret, trademark and other intellectual property rights therein, including any optimizations, enhancements, modifications or additional features added from time to time by Nimble, whether in connection with your use or feedback or otherwise. Except for the right to use the Services strictly in accordance with these Terms, as amended or modified from time to time, no license or conveyance of any such proprietary rights to you is granted or implied under these Terms. THIRD PARTY INTERACTIONS During your use of the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third parties displaying their goods and/or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Nimble and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Nimble and its licensors shall not be responsible for interruptions in service or performance from third parties, or any interruptions in the Services caused by such third party services. Nimble expressly does not endorse any sites on the Internet that are linked through the Services, and in no event shall Nimble or its licensors be responsible for any content, products, or other materials on or available from such third-party sites. Nimble provides the Services to you pursuant to the terms and conditions of these Terms. You recognize, however, that certain third- party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services. SUBSCRIBER ACCESS By agreeing to these Terms, you will be provided access to the Services on the terms and conditioned outlined herein from time to time. Nimble reserves the right to deny Subscribers access to the Services from time to time in order to permit Nimble to perform routine or emergency maintenance, bug fixes or upgrades. Nimble shall use commercially reasonably efforts to notify Subscribers of anticipated material disruptions in the Services and shall make commercially reasonable efforts to schedule such activities at non-peak user hours. In addition, Nimble reserves the right, in its sole discretion, to reassign or rename your domain/profile URL. Nimble is not responsible for outages or service degradations where systems, programs, data, or processes that are controlled, supplied or operated by you are contributing factors to the outage or service degradation. In addition, where the Services are Internet-based, you acknowledge and agree that Nimble cannot control the flow of data between its servers, other portions of the Internet and your connections and computers. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions caused by these third parties can impair your connections to the Internet. Although Nimble will use its commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, it cannot guarantee that they will not occur. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND LIABILITY. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. Nimble EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NIMBLE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIALS DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM NIMBLE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THESE TERMS. LIMITATION OF LIABILITY YOU AGREE THAT NIMBLE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF NIMBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH NIMBLE RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICES. IN NO EVENT SHALL NIMBLE’S LIABILITY TO YOU, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES ACTUALLY PAID BY YOU TO NIMBLE FOR SUCH SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. YOU AGREE THAT THE FOREGOING IS AN AGREED ALLOCATION OF RISK AND IS A REFLECTION OF THE RIGHTS AND OBLIGATIONS AGREED UPON BY YOU AND NIMBLE IN THESE TERMS.

Appears in 1 contract

Samples: Purpose of Agreement

AutoNDA by SimpleDocs

Spamming and Illegal Activities. You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelouslibellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious codeviruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. NSYS Group reserves We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity. Inactive User Accounts Policy NSYS Group We reserve the right to terminate unpaid user accounts that are inactive your account, if it is not logged-in for a continuous period of 120 days15 days in trail period. In the event of such termination, all data associated with such user account will be deleted. NSYS Group We will provide you prior notice of such termination and option to back-up backup of your datadata by email. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive. Data Ownership NSYS Group respects We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant NSYS Group zOrder the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for NSYS Group’s zOrder's commercial, marketing or any similar purpose. But you grant NSYS Group zOrder permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you. User Generated Content You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that NSYS Group zOrder will have the right to block access to or remove such content made available by you you, if NSYS Group zOrder receives complaints concerning any illegality or infringement of third third-party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third third-party rights in such content by the agent designated by NSYS Group zOrder for this purpose. For procedure relating to complaints of illegality or infringement of third-party rights in content transmitted or published using the Services, click here (link to “Complaint Procedure”). If you wish to protest any blocking or removal of content by zOrder, you may do so in the manner provided here (link to “Counter Notice Procedure”). Sample files and Applications zOrder may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. zOrder makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications. Trademark zOrder, zOrder logo, the names of individual Services and their logos are trademarks of zOrder Technologies Pvt. Ltd. You agree not to display or use, in any manner, the zOrder trademarks, without zOrder's prior permission. zOrderOnline, zRetailOnline or SaaS Service Specific Terms Inactive Free Plan User Accounts Policy zOrder reserve the right to terminate your account, if you have not logged in for 30 days continuously. In the event of such termination, your domain name will be removed and all data associated with your account will be deleted permanently. You also agree and acknowledge that zOrder has no obligation to retain your data after such termination. As a free subscription user, you are responsible for regularly printing, downloading and/or exporting data to your personal data storage. Trial Usage Policy Your right to access or use your data immediately ceases post trial period. The data may be retained for another 30 days after your trial period expiry. Your domain name and all data associated with your account will be deleted permanently, if you have not upgraded to a paid account after the above- mentioned period. zOrder shall have no obligation to maintain any of your data after expiry of the trial period. It is your responsibility to ensure that any content or data which you require is backed-up while you have access rights during the trial period. Data Retention Policy for Unpaid Accounts & Renewal zOrder retains the right to terminate your account and access to services to prevent further use until payments for all charges on the account have been received. In the event of such termination, all data associated with such a user account will be kept in zOrder's servers for a period of 60 days from the date of expiry. You agree and acknowledge that zOrder has no obligation to retain your domain name and data afterwards, such data may be irretrievably deleted if you have not renewed your account within the above-mentioned period. zOrder reserves the right to impose a re-registration fee in the event your account is suspended and thereafter you may request a renewal of your account. Please take the steps to export your data to your local machine at regular intervals while you are having access rights.

Appears in 1 contract

Samples: An Agreement

Spamming and Illegal Activities. You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's ’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious codeviruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. NSYS Group reserves We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity. Inactive User activity Treatment of Trial Accounts Policy NSYS Group After the Trial Period is Over If a paid subscription is not created within 7 days after your trial is completed, we reserve the right to terminate unpaid user accounts that delete the trial account and all associated trial data at or beyond the 7 day xxxx Data in Paid Accounts That Are Cancelled or With Payment Overdue If for any reason we are inactive for a continuous period of 120 days. In unable to successfully xxxx your preferred payment method, we reserve the event of such termination, all data associated with such user right to suspend access to your account will be deleted. NSYS Group will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all within 15 days of the Services. Each Service will be considered an independent failed billing attempt, and separate service for the purpose of calculating the period of inactivity. In other wordsto delete your account, activity in one users, and all associated data within 90 days of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive. first failed billing attempt Data Ownership NSYS Group respects We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant NSYS Group DESHODES or any of its partners the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for NSYS GroupDESHODES’s commercial, marketing or any similar purpose. But you grant NSYS Group DESHODES permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you Use of Extensions When you enable a DESHODES extension that copies, modifies or displays your data, when it can be reasonably inferred by you that this extension requires DESHODES to access, copy, distribute, store, transmit, or reformat your data in order to perform the function enabled by the extension, you grant DESHODES rights to do so in order to provide you with the added functionality. When you enable a DESHODES extension that connects to a third-party application or service, you acknowledge that you agree to the third party’s terms of service, and grant DESHODES permission to access, copy, reformat, transmit, and to make available to the third party in question, any data required by said third party to render services to you. You further indemnify DESHODES of any liability associated with the third-party’s access to, and use of data provided to it on your behalf. User Generated Content You may transmit or publish content created by you using any of the Services or otherwiseour Services. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that NSYS Group DESHODES will have the right to block access to or remove such content made available by you you, if NSYS Group DESHODES receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by NSYS Group DESHODES for this purpose.. If you wish to file a complaint, regarding the violation of copyrights, you can send an email to xxxxxxx@xxxxx.xxx This e-mail address is being protected from spambots. You need JavaScript enabled to view it Sample files and Applications DESHODES may provide sample data and files for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. DESHODES makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications Trademark

Appears in 1 contract

Samples: An Agreement

Spamming and Illegal Activities. You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's ’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious codeviruses, or that which infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. NSYS Group reserves We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity. Inactive User Accounts Policy NSYS Group We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. NSYS Group We will provide you with prior notice of such termination and option to back-up a backup of your datadata by email. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In the case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive. Data Ownership NSYS Group respects We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant NSYS Group IAM Data Technologies Inc the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for NSYS Group’s IAM Data Technologies Inc commercial, marketing marketing, or any similar purpose. But you grant NSYS Group IAM Data Technologies Inc permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you. User User-Generated Content You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be maybe crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, Services is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license license, or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrighted/ copyrightable content available on any of the Services you affirm that you have the consent, authorization authorization, or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that NSYS Group IAM Data Technologies Inc will have the right to block access to or remove such content made available by you if NSYS Group IAM Data Technologies Inc receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to the determination of questions of illegality or infringement of third party rights in such content by the agent designated by NSYS Group IAM Data Technologies Inc for this purpose. Sample files and Applications IAM Data Technologies Inc may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. IAM Data Technologies Inc makes no warranty, either express or implied, as to the accuracy, usefulness, completeness, or reliability of the information or the sample files and applications. Trademark IAM Data Technologies Inc, IAM Data, Macelor, Macelor logo, the names of individual Services, and their logos are trademarks of Macelor. You agree not to display or use, in any manner, I AM Data Technologies Inc's trademarks, without IAM Data's prior permission. Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. I AM Data Technologies Inc EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IAM DATA MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM IAM DATA, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Limitation of Liability YOU AGREE THAT IAM DATA SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF IAM DATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH IAM DATA RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL IAM DATA'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Appears in 1 contract

Samples: An Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.