User Conduct. 7.1 In using and/or accessing Novus Property and Services, you shall: (a) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and (b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion. 7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to: (a) use Novus Property and Services or any part thereof for any purposes other than for your personal use; (b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system; (c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems; (d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval; (e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services; (f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and (g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. 7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium. 7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 2 contracts
Sources: Terms and Conditions Agreement, Terms and Conditions Agreement
User Conduct. 7.1 In using and/or accessing Novus Property You acknowledge and Servicesagree that your use of this Site and the Services found at this Site, including any content you shall:
(a) submit, will comply with this Agreement and all Applicable Lawapplicable 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 ▇▇▇▇ ▇▇▇▇▇▇ 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 technology control 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 export laws licensed to Clever Things, LLC in perpetuity, and regulations that apply 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 technology used 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 supported by the Website and/or any Website Services; and
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) comply literary, artistic, musical, or other content, including but not limited to photos and videos (together with all guidelinesUser Submissions, rules, regulations, policies, instructions and procedures in connection with “User Content”). By posting or publishing User Content to this Site or to the Website and Website Services as imposed or may be imposed from time to time by Novus found at Novus’s absolute discretion.
7.2 Except as expressly set out in this AgreementSite, you shall not represent and shall not attempt towarrant to Clever Things, whether by yourself LLC that (i) you have all necessary rights to distribute User Content via this Site or by allowing any third party to:
(a) use Novus Property and via the Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful mannerfound at this Site, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into either because you are the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any author of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
7.3 If any part of Novus Property User Content and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert 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 such provisions directly limitations on the use of this Site or on Novus ‘s behalfthe Services found at this Site, the Clever Things, LLC Content or the User Content therein.
Appears in 2 contracts
Sources: Terms of Use, Terms of Use
User Conduct. 7.1 In using and/or accessing Novus Property You understand that the Service and Servicesthe Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You are solely responsible for the videos, photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with others (collectively the "Uploaded Content"). You may not post, transmit, or share Uploaded Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company or Client may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or Uploaded Content in its sole discretion, for any reason or no reason, including Uploaded Content that in the sole judgment of the Company or Client violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Uploaded Content you post or store on the Site or provide to the Company. When you post Uploaded Content to the Site, you shall:
(a) comply with all Applicable Lawauthorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Uploaded Content on the Site. By posting Uploaded Content to any part of the Site, including without limitation technology control or export laws you automatically grant, and regulations you represent and warrant that apply you have the right to grant, to the technology used Company and Client an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or supported by the Website and/or in part) and distribute such Uploaded Content for any Website Services; and
(b) comply with all guidelinespurpose, rulescommercial, regulationsadvertising, policiesor otherwise, instructions and procedures on or in connection with the Website Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Uploaded Content, and Website Services to grant and authorize sublicenses of the foregoing. You may remove your Uploaded Content from the Site at any time. If you choose to remove your Uploaded Content, the license granted above will automatically expire, however you acknowledge that the Company and Client Company may retain archived copies of your Uploaded Content. TruthCasting does not assert any ownership over your Uploaded Content; rather, as imposed or may be imposed from time between us and you, subject to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out the rights granted to us in this Agreementthese Terms, you shall not retain full ownership of all of your Uploaded Content and shall not attempt toany intellectual property rights or other proprietary rights associated with your Uploaded Content. We respect the intellectual property rights of others and we prohibit users from uploading, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway posting or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or transmitting on the Website TruthCasting website or Website Services without Novusservice any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement we promptly evaluate and if necessary remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to UnitingTruth Media, LLC ▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company and Client Company have adopted a policy of terminating, in appropriate circumstances and at Company or Client Company’s written approval;
(e) use Novus Property and Services in a way that could damagesole discretion, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause members who are deemed to be transmitted through repeat infringers. Company or posted on Client Company may also at its sole discretion limit access to the Website Site and/or terminate the memberships of any Information which violates or infringes the users who infringe any intellectual property rights of others, which whether or not there is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any lawrepeat infringement.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Sources: User Agreement
User Conduct. 7.1 In using and/or accessing Novus Property and Services, you shallThe Borrower agrees:
(a1) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply not to use the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or MyAccount service in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, overburden or impair the MyAccount service; (ii) not to share the Borrower’s Passwords with any other user or compromise Novusprovide access to the MyAccount service or site to any other Person authorized to act on the Borrower’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any behalf. Any employee of the Website ServicesBorrower, or authorized third party (e.g., accounting company) who requires such access, and is approved by the Borrower’s User Administrator, should apply for their own Passwords; and
(giii) not to upload, post, or 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 site information which is untrue, incomplete or inaccurate; (v) not to transmit through or on the MyAccount site “spam”, chain letters, junk mail or any other type of unsolicited mass email to Persons who have not agreed to be part of such mailings; (vi) not to post or cause to be transmitted otherwise disseminate on or through or posted on the Website any Information which violates or infringes the rights of othersMyAccount site harassing, which is unlawfuldefamatory, technologically harmfullibelous, tortious, offensive, threatening, abusive, defamatory, vulgar, obscene, profane obscene or otherwise objectionableunlawful communications or materials of any kind, or materials which encourages conduct infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that would could constitute a criminal offenceoffense, give rise to civil liability or otherwise violate any applicable law.
7.3 If ; (vii) not to use any part robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the MyAccount site including, but not limited to, personally identifiable information of Novus Property and Services is copied in accordance with this Agreementany other user of the MyAccount site, you shall keep or the names of customers of the Lender or its Affiliates; (viii) not to modify, assign, sublicense, sell or prepare derivative works of any materials on the MyAccount site nor to reproduce or publicly display, perform, distribute or otherwise use such materials except as expressly allowed herein; (ix) to retain, on all copies of Novus Property any materials downloaded, all copyright, trademark, and Services secured other proprietary notices contained in the materials; (x) not to interfere with the security of, or otherwise abuse, the MyAccount 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 Person’s use and to maintain accurate and up- to- date records enjoyment of the number MyAccount service or affiliated or linked sites; (xii) not to use or attempt to use another’s account, service or system without authorization from the Lender to create or use a false identity on the MyAccount service; (xiii) not to attempt to obtain unauthorized access to the MyAccount service or portions of the MyAccount service which are restricted from general access; and locations (xiv) to comply with all applicable laws that relate to its use or activities on the MyAccount service. [*] Portions of all such copies and this exhibit have been omitted pursuant to include Novus’s copyright notice on all entire and partial copies you make a confidential treatment request. An unredacted version of Novus Property and Services on any mediumthis exhibit has been filed separately with the Commission.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Sources: Loan and Security Agreement (Salient Surgical Technologies, Inc.)
User Conduct. 7.1 In using and/or accessing Novus Property and ServicesAs a condition of use, you shall:
agree not to use Company Properties for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) to either (a) comply with all Applicable Law, including without limitation technology control take any action or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelinesMake Available any Content on or through Company Properties that: (i) infringes any patent, rulestrademark, regulationstrade secret, policiescopyright, instructions and procedures in connection with the Website and Website Services as imposed right of publicity or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself other right of any person or by allowing any third party to:
entity; (aii) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, harassing, misleading, false, defamatory, vulgarlibelous, pornographic, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or otherwise objectionableracially, which encourages conduct that would constitute a criminal offenceethnically, give rise to civil liability 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 employee 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, interferes with the 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 information concerning any other person or entity, including without limitation photographs of others, personal contact information or credit card, debit 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, third party rights or our systems, policies, or determinations of your account status; or (xiv) attempts to engage in or engages in, any potentially harmful acts that are directed against Company Properties, including but not limited to violating or attempting to violate any lawsecurity features of Company Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Company Properties, introducing viruses, worms, or similar harmful code into Company Properties, or interfering or attempting to interfere with use of Company Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Company Properties.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Sources: Terms of Service Agreement
User Conduct. 7.1 In using and/or accessing Novus Property As a condition to your access to and Servicesuse of the Site, you shall:
(a) comply with all Applicable Law, including without limitation technology control agree not to use the Site for any purpose that is unlawful or export laws and regulations that apply to the technology used or supported prohibited by the Website and/or any Website Services; and
(b) comply with all guidelinesTerms. By way of example, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services not as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreementa limitation, you shall not and shall not attempt to, whether by yourself or by allowing any third party agree to:
(a) use Novus Property and Services a. not intentionally or unintentionally violate the Terms, any applicable local, state, national or international law, or any part thereof for any purposes other than for your personal userules and regulations having the force of law;
(b) b. not create user accounts by automated means, knowingly submit false or misleading information to us, or impersonate any person or entity, misrepresent your affiliation with a person or entity, or use Novus Property and Services a false identity;
c. not access or use the account of another user without permission;
d. not use the Site or its features to harass, defame, disparage or abuse any other person or entity;
e. not upload, submit, post or transmit content that you do not have the legal authority to upload, post or transmit;
f. not harm minors in any unlawful mannerway;
g. not make any commercial use of the Site, for any unlawful purposewhich includes, without limitation, resale, charging access or use fees, redistribution, or creating derivative works based on it;
h. not use the Site in any manner inconsistent with this Agreementthat violates, infringes, misappropriates or violates any third party’s rights, including, but not limited to, submitting or transmitting any content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, privacy rights or intellectual property rights, or act fraudulently using Our Content without our permission;
i. not replicate, copy, import, export, data mine, download, distribute, market, scan, scrape, or maliciouslyotherwise deliver the Site (including its contents) to anyone else;
j. not reverse engineer, include without limitation by hacking reverse compile, reverse assemble or inserting do any other similar operation with the Site;
k. not transmit or transmitting malicious code, submit any materials that are encrypted or contain viruses, ransomware, Trojan horses, worms, time bombs, spiders, cancelbots or harmful data into the Website other computer programming routines that are likely or any operating system;
(c) misuse or abuse Novus Property and Services in anyway intended to damage, interfere with, disrupt, impair, disable or otherwise compromise overburden the integrity of Novus’s software or systemsSite;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Sources: Terms of Use Agreement
User Conduct. 7.1 In using and/or accessing Novus Breakout Property and Services, you shall:
(a) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus Breakout at NovusBreakout’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Breakout Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Breakout Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Breakout Property and Services in anyway or otherwise compromise the integrity of NovusBreakout’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without NovusBreakout’s written approval;
(e) use Novus Breakout Property and Services in a way that could damage, disable, overburden, impair or compromise NovusBreakout’s systems or security or interfere with other users’ use and enjoyment of Novus Breakout Property and Services;
(f) collect or harvest any Information from Novus Breakout Property and Services or NovusBreakout’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
7.3 If any part of Novus Breakout Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Breakout Property and Services secured and to maintain accurate and up- to- up-to-date records of the number and locations of all such copies and to include NovusBreakout’s copyright notice on all entire and partial copies you make of Novus Breakout Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus Breakout and NovusBreakout’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus Breakout ‘s behalf.
Appears in 1 contract
Sources: Terms and Conditions
User Conduct. 7.1 In using and/or accessing Novus Property and ServicesAs a condition of use, you shall:
agree not to use CircleIn Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third-party) either (a) comply with all Applicable Law, including without limitation technology control to take any action or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelinesMake Available any Content on or through CircleIn Properties that: (i) infringes any patent, rulestrademark, regulationstrade secret, policiescopyright, instructions and procedures in connection with the Website and Website Services as imposed right of publicity or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself other right of any person or by allowing any third party to:
entity; (aii) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, harassing, bullying, defamatory, vulgarlibelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, profane offensive, or otherwise objectionableprofane; (iii) constitutes unauthorized or unsolicited advertising, which encourages conduct junk or bulk e-mail; (iv) involves commercial activities and/or sales without CircleIn’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of CircleIn; (vi) interferes with or attempts to interfere with the proper functioning of CircleIn Properties or uses CircleIn Properties in any way not expressly permitted by the Terms; or (vii) to attempt or engage in, any potentially harmful acts that would constitute a criminal offenceare directed against CircleIn Properties, give rise including but not limited to civil liability violating or otherwise attempting to violate any lawsecurity features of CircleIn Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in CircleIn Properties, introducing viruses, worms, or similar harmful code into CircleIn Properties, or interfering or attempting to interfere with use of CircleIn Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” CircleIn Properties. IF, AT ANY TIME, YOU EXPERIENCE OR WITNESS ANY USER VIOLATING THIS SECTION 5, INCLUDING SPECIFICALLY, THE PROHIBITION ON HARASSMENT OR BULLYING, THEN PLEASE REPORT SUCH VIOLATION IMMEDIATELY TO US AT ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement▇▇▇. WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE ANY USER’S ACCOUNT AND/OR ACCESS TO THE CIRCLEIN PROPERTIES, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any mediumAT IT SOLE DISCRETION, IF ANY USER VIOLATES THIS SECTION 5 OR IF WE REASONABLY SUSPECT THAT A USER HAS OR WILL VIOLATE THIS SECTION 5.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Sources: Terms of Use
User Conduct. 7.1 In using and/or accessing Novus Property and ServicesAs a condition of use, you shall:
agree not to use Wido Properties for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) either (a) comply with all Applicable Law, including without limitation technology control take any action or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelinesMake Available any Content on or through Wido Properties that: (i) infringes any patent, rulestrademark, regulationstrade secret, policiescopyright, instructions and procedures in connection with the Website and Website Services as imposed right of publicity or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself other right of any person or by allowing any third party to:
entity; (aii) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, harassing, defamatory, vulgarlibelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, profane offensive, or otherwise objectionableprofane; (iii) constitutes unauthorized or unsolicited advertising, which encourages conduct junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Wido’s prior written consent; (v) impersonates any person or entity, including any employee or representative of Wido; (vi) interferes with or attempt to interfere with the proper functioning of Wido Properties or uses Wido Properties in any way not expressly permitted by this Agreement; (vii) jeopardizes the security of your Wallet or anyone else’s (such as allowing someone else to log in to the Services as you); (viii) attempts, in any manner, to obtain the private key, password, account, or other security information from any other user; (ix) attempts to access another user’s Wallet, private key or other security information on any third-party site or services that would constitute a criminal offenceprovide access to such user’s Wallet or private key on our Services; or (x) attempts to engage in or engage in, give rise any potentially harmful acts that are directed against Wido Properties, including but not limited to civil liability violating or otherwise attempting to violate any lawsecurity features of Wido Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Wido Properties, introducing viruses, worms, or similar harmful code into Wido Properties, or interfering or attempting to interfere with use of Wido Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Wido Properties.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Sources: Terms of Use Agreement
User Conduct. 7.1 (a) In using and/or accessing Novus Property connection with your access and Servicesuse of the website or the Service and that of any person authorized by you to access and use the website or the Service, you shallare responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the website or the Service, neither you nor the Company may cause or permit any person to do any of the following:
(a) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(ai) use Novus Property and Services the website, the Service or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, Content for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(cii) misuse use the website or abuse Novus Property and Services in anyway the Service to post or otherwise compromise the integrity of Novus’s software transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or systemsother computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
(diii) send, advertise impose an unreasonably or publish any unsolicited advertising or promotional content through or disproportionately large load on the Website website or Website Services without Novus’s written approvalthe Service or otherwise interfere with or inhibit any other user of the website or the Service from using or enjoying the website or the Service;
(eiv) use Novus Property and Services in a way that could damage, disable, overburden, impair the website or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt the Service to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website transmit any Information which violates or infringes the rights of others, which is unlawful, technologically harmfulfraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, defamatoryhateful, vulgaroffensive, obsceneharassing, profane or otherwise objectionableobjectionable information of any kind;
(v) use the website or the Service to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others;
(vi) use the website or the Service to post or transmit any advertisements, which encourages conduct that would constitute a criminal offencesolicitations, give rise to civil liability chain letters, pyramid schemes, investment opportunities or otherwise schemes, or other unsolicited commercial communication;
(vii) violate any lawcode of conduct or other guidelines which may be applicable for any particular feature of the website or the Service; or
(viii) create a false identity for the purpose of misleading others.
7.3 (b) If any part of Novus Property you do open an account for a company, organization, or other entity, then "you" includes you and Services is copied that entity, and you promise that you are authorized to grant all permissions and licenses provided in accordance with this Agreementthese Terms and bind the entity to these Terms, and that you shall keep all copies of Novus Property and Services secured and do hereby agree to maintain accurate and up- to- date records of these Terms on the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any mediumentity's behalf.
7.4 The foregoing provisions (c) You are prohibited from using the website if we have previously disabled your account for the benefit violations of Novus and Novus’s related corporationsour terms or policies.
(d) If you have not logged into your account for 365 days, contractors, successors and assigns and each shall have we reserve the right to assert delete your account.
(e) If we suspect that you are using automated means to sign up for multiple accounts, to post content, or in any other way appear to not be a human person, we reserve the right to delete your account.
(f) If you download or use our software, you give us permission to download and enforce such provisions directly install upgrades, updates, and additional features to improve, enhance, and further develop it. Violation of any of these Terms may result in termination of your Account and access to the website and the Service at any time without notice. We retain the right to determine, in our sole discretion, what further action may be taken in the event of any discovered or on Novus ‘s behalfreported violation of this Agreement.
Appears in 1 contract
User Conduct. 7.1 In You agree that You are responsible for your own conduct and User Content while using the Site and/or accessing Novus Property Company Services (including any Games) and Servicesfor any consequences thereof. You agree to use Company Services (including any Games) and the Site only for purposes that are legal, you shall:
(a) comply proper and in accordance with all Applicable Lawthe Agreement and any applicable laws, including without limitation technology control or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelinesregulations, rules, regulationspolicies or guidelines. By way of example, policiesand not as a limitation, instructions You agree that when using Company Services (including any Games) and procedures the Site, You will not: defame, abuse, harass, stalk, spam, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; upload, post, display, transmit or otherwise Share any inappropriate, defamatory, libelous, infringing, obscene, or unlawful User Content; upload, post, display, transmit or otherwise Share any User Content 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 applicable policies or 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 that You know, or reasonably should know, cannot be legally distributed in connection with such manner; impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the Website origin or source of software or other material; restrict or inhibit any other user from using and Website enjoying Company Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except the Site; 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 set out authorized by Company; remove or modify any copyright, trademark or other proprietary rights notices contained in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website Company Services or Website the Site; interfere with or disrupt (or access non-public parts of) the Company Services without Novus’s written approval;
(e) or the Site or servers or networks connected to the Company Services or the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Company Services or the Site; use Novus Property and any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Company Services in a way or the Site or collect information about users for any unauthorized purpose; submit User Content that could damagefalsely expresses or implies that such User Content is sponsored or endorsed by Company; create user accounts by automated means or under false or fraudulent pretenses; remove, circumvent, disable, overburden, impair damage or compromise Novus’s systems or security or otherwise interfere with other users’ any security-related features of the Site or Company Services, features that prevent or restrict the use and enjoyment of Novus Property and Services;
(f) collect copying of the Site or harvest any Information from Novus Property and Company Services or Novus’s systems or attempt to decipher any transmissions to or from features that enforce limitations on the servers running any use of the Website Site or Company Services; and
(g) transmit promote or post provide instructional information about illegal activities or cause to be transmitted through promote physical harm or posted on the Website injury against any Information which violates group or infringes the rights of othersindividual; or transmit, which is unlawfulsubmit links to, technologically harmfulupload, threateningpost, abusive, defamatory, vulgar, obscene, profane provide or otherwise objectionableShare any viruses, which encourages 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 that would constitute a criminal offenceand acceptable content, give rise including laws regulating the export of data to civil liability the United States or otherwise violate any lawyour country of residence.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Sources: Terms of Service
User Conduct. 7.1 In The Platform is a transparent and open digital art marketplace that depends on the honest participation of all Users. The following conducts are prohibited on the Platform: ⚫ Users are prohibited from manipulating market prices: Users are expressly forbidden from accepting, soliciting, offering, bidding, engaging with the Smart Contracts, or otherwise transacting on or off of the Platform with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented the price a NFT, groups of NFTs, or NFTs created by particular Artists. ⚫ Users are prohibited from bidding on, or purchasing their own works: Artists, Owners, and Collectors are expressly forbidden from bidding or purchasing on their own listed or offered NFTs, especially for the purpose of artificially influencing the price of the listed NFT(s). ⚫ Users are prohibited from anticompetitive conduct: Users are generally forbidden from engaging any deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price of a work, simulate demand for a work (i.e, "wash trading"), or any other anticompetitive bidding conduct such as but not limited to “puffing,” “chill bidding,” “shill bidding,” “sham bidding,” or “sock puppet bidding.” ⚫ Users are responsible for their own conduct while accessing or using and/or accessing Novus Property the Platform, and Servicesfor any consequences thereof. You agree to use the App only for purposes that are legal, you shall:
proper and in accordance with the Agreement and any applicable laws or regulations. By way of example, and not as a limitation, Users may not, and may not allow any third party to: 1) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;2) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country, in any involve proceeds of any unlawful activity; 3) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; 4) impersonate another person (avia the use of an email address or otherwise); 5) comply upload, post, transmit or otherwise make available through the Platform any content that infringes the intellectual proprietary rights of any party; 6) operate to defraud the Platform, other users, or any other person or provide false, inaccurate or misleading information; 7) use the Platform to violate the legal rights (such as rights of privacy and publicity) of others; 8) engage in, promote, or encourage illegal activity (including, without limitation, financing terrorism, tax evasion or money laundering); 9) interfere with all Applicable Lawanother individual’s or entity’s access to or use of the Platform; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights or privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance or violent acts against others; harvest or otherwise collect information from the Platform about others, including without limitation technology control email addresses, without proper consent; ; 10) exploit the Platform for any unauthorized commercial purpose; 11) modify, adapt, translate, or export laws and regulations reverse engineer any portion of the Platform; 12) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it; 13) reformat or frame any portion of the Platform; 14) display any content on the Platform that apply to the technology used contains any hate-related or supported by the Website and/or violent content or pornographic content or contains any Website Services; and
(b) comply with all guidelinesother material, rulesproducts or services that violate or encourage conduct that would violate any criminal laws, regulationsany other applicable laws, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(arights; 15) use Novus Property and Services any robot, spider, site search/retrieval application, or other device to retrieve or index any part thereof portion of the Platform or the content posted on the Platform, or to collect information about its users for any purposes unauthorized purpose; 16) create user accounts by automated means or under false or fraudulent pretenses; or 17) access or use the Platform for the purpose of creating a product or service that is competitive with any of our products or services. ⚫ Users agree to report suspicious market activity: Users agree to report suspicious market activity of other than Users. If a User suspects that one or more Users on the Platform are in violation of the Agreement, the User should promptly inform the platform. ⚫ Violation of the marketplace code of conduct may result in the platform’s intervention: Users hereby agree and acknowledge that any forbidden marketplace conduct described herein and in the may be a violation of related laws and/or the Agreement. The Platform hereby reserves the right to completely or partially restrict or revoke a User’s access to the Site for your personal use;
(b) use Novus Property and Services in any unlawful mannerviolating the Agreement. The Platform reserves the right to amend, for any unlawful purposerectify, edit, or in any manner inconsistent with this otherwise alter Market transaction data to mitigate market harm caused by a User’s violation of the Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into . ⚫ Users release the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with platform from claims arising from other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any violations of the Website Services; and
(g) transmit agreement: Users irrevocably release, acquit, and forever discharge the Platform and its subsidiaries, affiliates, officers, and successors for and against any and all past or post future causes of action, suits, or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights controversies arising out of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records another User’s violation of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any mediumAgreement.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Sources: NFT Service Agreement
User Conduct. 7.1 In using and/or accessing Novus Property You may use Benchy API Service for lawful purposes only and Services, may use Benchy API Service only in ways consistent with the law. You agree that you shallwill not:
(a1) comply with all Applicable LawUse Benchy API Service in any way that breaches any applicable local, including without limitation technology control national, federal or export laws and regulations that apply to the technology used international law or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal useregulation;
(b2) use Novus Property and Services in Copy, use, disclose or distribute any unlawful mannerinformation obtained from Benchy API Service, for any unlawful purposewhether directly or through third parties, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating systemour consent;
(c3) misuse Use, disclose or abuse Novus Property and Services distribute any data obtained in anyway or otherwise compromise the integrity violation of Novus’s software or systemsthese Terms;
(d4) send, advertise or publish any unsolicited advertising or promotional content through or on Violate the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the intellectual property rights of others, which including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
(5) Violate our intellectual property or other rights, including, without limitation, (i) copying or distributing our materials or (ii) copying or distributing our technology, unless it is unlawfulreleased under open source licenses; (iii) using the word “BENCHY API SERVICE” or our logos in any business name, technologically harmfulemail, threateningor URL, abusivewithout our consent;
(6) Imply or state that you are affiliated with or endorsed by BENCHY API SERVICE without our express consent;
(7) Rent, defamatorylease, vulgarloan, trade, sell/resell access to Benchy API Service or related data;
(8) Act in an unlawful or unprofessional manner in connection with Benchy API Service, including being dishonest, abusive or discriminatory;
(9) Post inaccurate, defamatory obscene, profane shocking, hateful, threatening or otherwise objectionableinappropriate content or airing personal grievances or disputes;
(10) Harass, which encourages conduct abuse or harm another person;
(11) Send or post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation unauthorized by us;
(12) Disclose information that would constitute a criminal offenceyou do not have the consent to disclose (such as confidential information of others);
(13) Post anything that contains software viruses, give rise worms, or any other harmful code;
(14) Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add- ons, or any other technology or manual work) to civil liability scrape Benchy API Service or otherwise violate copy data from Benchy API Service;
(15) Bypass or circumvent any law.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly access controls or on Novus ‘s behalf.Site use limits;
Appears in 1 contract
Sources: End User License Agreement (Eula)
User Conduct. 7.1 In using You agree not to use the Services or the Site to take any action(s) that, (and your continued use of the Site and Services are conditioned on not taking any action(s) that): • patently offensive and promotes racism, bigotry, hatred or physical harm of any kind 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, violence, or offensive subject matter or contains a link to an adult website; • solicits personal information; provides any User 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 (those not linked to or from another 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, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated files; • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; • involves commercial activities and/or accessing Novus Property and Servicessales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; • are contrary to Keyframe Sports’s public image, goodwill, or reputation; • infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; • express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance; • transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so; • “frame” or “mirror” any part of the Site without our prior written authorization; • distribute any virus, 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 Keyframe Sports 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 data not intended for you. Further, you shall:
(a) comply with all Applicable Lawagree not to use the Services or the Site to participate in: • criminal or tortious activity, including without limitation technology control child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or export laws and regulations that apply to other harmful files, copyright infringement, patent infringement, or theft of trade secrets or violation of the technology used privacy or supported by the Website and/or any Website Servicespublicity rights of third parties; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt • advertising to, whether or solicitation of, any 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, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, Keyframe Sports reserves the right to restrict the number of emails that a User may send to other Users; You agree to indemnify and hold Keyframe Sports, the Keyframe Sports Entities, 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 yourself or by allowing any third party to:
(a) due to or arising out of your use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property of the Site and Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any unlawful manner, for breach of your representations and warranties set forth above and/or if any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or User Content posted on the Website any Information which violates Site or infringes through the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane Services causes Keyframe Sports to be liable to another third party or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any lawUser.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Sources: User Terms of Service
User Conduct. 7.1 In accessing or using our Ludo Brawl Platform you agree that you will not: • Use any automated device, software, process or means to access, retrieve, scrape, or index our Ludo Brawl Platform or any Content thereon without our express prior written consent. • Use any device, software, process or means to interfere or attempt to interfere with the proper working of our Ludo Brawl Platform. • Undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage. • Use or index any Content or data on our Ludo Brawl Platform for purposes of competing with us in any manner that we have not specifically authorized; transmit spam, chain letters, games, junk email, surveys, or other mass messaging, whether commercial in nature or not. • Use our Ludo Brawl Platform or any Content therefrom in any manner which is, in our sole discretion, not reasonable and/or accessing Novus Property and Services, you shall:
(a) comply with all Applicable Lawnot for the purpose it is made available. • Violate the rights of any person, including without limitation technology control or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelinescopyright, rulestrade secret, regulationsprivacy right, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for other intellectual property or proprietary right. • Pose as any purposes other than for your person or entity or attempt to solicit money, passwords or personal use;
(b) use Novus Property and Services information from any person. • Act in violation of any unlawful mannerTerms of using our Ludo Brawl Platform. • Reproduce, for any unlawful purposerepublish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website way exploit our Ludo Brawl Platform or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) sendContent thereon, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems except as expressly authorized by us. • Transmit or attempt to decipher transmit any transmissions computer viruses, worms, defects, Trojan horses or other items of a destructive nature. • If you choose to or from the servers running submit any content by way of the Website Services; and
question on Ludo Brawl Platform, you hereby warrant that no Contribution (gdefined hereinafter) transmit or post or cause shall: • Be considered to be transmitted through or posted on the Website any Information which violates or infringes the rights of othersbe, which is unlawful, technologically harmful, threatening, abusive, bigoted, hateful, libelous, tortious, blasphemous, false or misleading, discriminatory, defamatory, obscene, vulgar, obsceneoffensive, profane excessively violent, invasive of another's privacy, publicity, contract or other rights, pornographic or inclusive of nudity, pedophilic, profane, sexually explicit, indecent, racially, ethnically objectionable, disparaging, relating or encouraging money laundering, or otherwise objectionableunlawful in any manner whatsoever. • Constitute, which encourages advocate or encourage conduct that would constitute a criminal offence, or give rise to a criminal offense, civil liability, or other violation of any local, state, national or international law. • Constitute or contain false or misleading indications of origin or statements of fact. • Belongs to another person and to which you do not have any right to, or infringe the intellectual property rights (whether registered or unregistered) of the Company or any third party. • Contain any information, software, or other material of a commercial nature or is patently false or untrue. • Contains advertising, promotions or commercial solicitations of any kind. • Harass or harm another person. • Exploit or endanger a minor. • Impersonate or attempt to impersonate any person or entity or mislead or attempt to mislead another person regarding your identity. • Threaten the unity, integrity, defense, security, or sovereignty of the territory, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation. • As it concerns the content uploaded by you, without prejudice to your obligation to otherwise comply with applicable laws during the course of using Ludo Brawl Platform, you agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on Ludo Brawl Platform. Company may not be held responsible for any content posted or contributed by Users on Ludo Brawl Platform. • The Users admit that they may be exposed to Content posted by other Users that they may find offensive, obnoxious, or indecent and that we may not be able to prevent such Content from being posted. Such Content should be brought to our notice. We shall act upon the information as it deems acceptable. The decision taken by the management of the Company in this regard shall be final and binding on the User and you specifically agree that we shall not incur any liability under any circumstance whatsoever regarding the same. • We reserve the right to prevent unauthorized access to or otherwise violate use of our Ludo Brawl Platform, including, but not limited to, instituting technological barriers, or reporting your conduct to any law.
7.3 If person or entity. • In the event, we have reasonable grounds to believe that your activities include any of the acts specified above, we may initiate appropriate legal action against you as well as notify the relevant regulatory or law enforcement authorities where appropriate in addition to any other available remedies under law or equity, apart from restricting or suspending or terminating your use of Ludo Brawl Platform. • You shall not purchase, sell, assign, trade, rent, loan, lease, license, grant a security interest in, or transfer your User Account, any content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with Ludo Brawl Platform. • Users agree to abide by these Terms and all other rules, regulations, and terms of use of Ludo Brawl Platform. In the event User does not abide by these Terms and all other rules, regulations, and terms of use, Company may, at its sole and absolute discretion, take necessary remedial action, including but not limited to: • Restricting, suspending, or terminating any User's access to all or any part of Novus Property Services. • Deactivating or deleting a User's Account and Services all related information and files on the Account. Any amount remaining unused in the User's game Account or winnings account on the date of deactivation or deletion shall be transferred to the User's bank account on record with Company subject to a processing fee (if any) applicable on such transfers as set out herein. • Refraining from awarding any prize(s) or withholding access to such infringing User. • Users agree to ensure that they can receive all communication from Company by marking emails or sending SMSs from Company as part of their safe senders list. Company shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder. • If a User chooses a username that, in Company's considered opinion is copied in accordance with this Agreementobscene, you shall keep all copies indecent, abusive or that might subject Company to public disparagement or scorn, Company reserves the right, without prior notice to the User, to change the User’s username and inform the User, or delete such username and posts from Ludo Brawl Platform, deny such User access to Ludo Brawl Platform, or any combination of Novus Property these options. • Unauthorized access to Ludo Brawl Platform is a breach of these Terms, and Services secured and to maintain accurate and up- to- date records a violation of the number law. Users agree not to access Ludo Brawl Platform by any means other than through the interface that is provided by Company for use in accessing Ludo Brawl Platform. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and locations in writing. • The use of all such copies Ludo Brawl Platform is subject to existing laws and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each legal processes. Nothing contained in these Terms shall have the limit Company's right to assert comply with governmental, court, and enforce such provisions directly law-enforcement requests or requirements relating to the User’s use of Ludo Brawl Platform. • Company may not be held responsible for any content contributed by Users on Novus ‘s behalfLudo Brawl Platform.
Appears in 1 contract
Sources: Terms and Conditions
User Conduct. 7.1 In using and/or accessing Novus Hauntu Property and Services, you shall:
(a) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus Hauntu at NovusHauntu’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Hauntu Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Hauntu Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Hauntu Property and Services in anyway or otherwise compromise the integrity of NovusHauntu’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without NovusHauntu’s written approval;
(e) use Novus Hauntu Property and Services in a way that could damage, disable, overburden, impair or compromise NovusHauntu’s systems or security or interfere with other users’ use and enjoyment of Novus Hauntu Property and Services;
(f) collect or harvest any Information from Novus Hauntu Property and Services or NovusHauntu’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
7.3 If any part of Novus Hauntu Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Hauntu Property and Services secured and to maintain accurate and up- to- up-to-date records of the number and locations of all such copies and to include NovusHauntu’s copyright notice on all entire and partial copies you make of Novus Hauntu Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus Hauntu and NovusHauntu’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus Hauntu ‘s behalf.
Appears in 1 contract
Sources: Terms and Conditions
User Conduct. 7.1 In using and/or accessing Novus Property and Services, you shall:
Borrower agrees: (a) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply not to use the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or MyAccount service in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburdenoverburden 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 Borrower, impair or compromise Novusauthorized third party (e.g., accounting company) who requires such access, and is approved by Borrower’s systems User Administrator, should apply for their own Passwords; (c) not to upload, post, or security otherwise transmit through or interfere with on the MyAccount site any viruses or other users’ use and enjoyment harmful, disruptive or destructive files; (d) not to knowingly post on the MyAccount service or site information which is untrue, incomplete or inaccurate; (e) not to transmit through or on the MyAccount site “spam”, chain letters, junk mail or any other type of Novus Property and Services;
unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt not to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted otherwise disseminate on or through or posted on the Website any Information which violates or infringes the rights of othersMyAccount site harassing, which is unlawfuldefamatory, technologically harmfullibelous, tortious, offensive, threatening, abusive, defamatory, vulgar, obscene, profane obscene or otherwise objectionableunlawful communications or materials of any kind, or materials which encourages conduct infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that would could constitute a criminal offenceoffense, give rise to civil liability or otherwise violate any applicable law.
7.3 If ; (g) not to use any part robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the MyAccount site including, but not limited to, personally identifiable information of Novus Property and Services is copied in accordance with this Agreementany other user of the MyAccount site, you shall keep or the names of customers of Lender or its affiliates; (h) not to modify, assign, sublicense, sell or prepare derivative works of any materials on the MyAccount site nor to reproduce or publicly display, perform, distribute or otherwise use such materials except as expressly allowed herein; (i) to retain, on all copies of Novus Property any materials downloaded, all copyright, trademark, and Services secured other proprietary notices contained in the materials; (j) not to interfere with the security of, or otherwise abuse, the MyAccount 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 Person’s use and to maintain accurate and up- to- date records enjoyment of the number MyAccount service or affiliated or linked sites; (l) not to use or attempt to use another’s account, service or system without authorization from Lender to create or use a false identity on the MyAccount service; (m) not to attempt to obtain unauthorized access to the MyAccount service or portions of the MyAccount service which are restricted from general access; and locations of (n) to comply with all such copies and applicable laws that relate to include Novus’s copyright notice its use or activities on all entire and partial copies you make of Novus Property and Services on any mediumthe MyAccount service.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Sources: Loan and Security Agreement (Nimblegen Systems Inc)
User Conduct. 7.1 In using and/or accessing Novus Property You agree to access and Servicesuse the AXA Mansard Pensions Website only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, you shall:
(a) comply with all Applicable Lawstatutes, including without limitation technology control or export laws rules and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party pertaining to:
(ai) your use Novus Property and Services or of the AXA Mansard Pensions Website, including any part thereof for any purposes other than for your personal use;Interactive Area,
(bii) the use Novus Property and Services in of any unlawful mannernetworks or other services connected to the AXA Mansard Pensions Website, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(giii) the communications means by which you connect your modem, computer, or other equipment to the AXA Mansard Pensions Website. By accessing the AXA Mansard Pensions Website, you agree that you will not: • Restrict or inhibit any other user from using and enjoying the Interactive Features; • Post or transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, libelous, defamatory, obscene, vulgar, obscenepornographic, profane profane, or otherwise objectionableindecent information of any kind, which encourages including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national, or international law; • Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. • Post or transmit any information, software or other material which contains a virus or other harmful component; • Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the AXA Mansard Pensions Website; • Disrupt the normal flow of communication in an Interactive Area; • Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship; • Violate any operating rule, policy or guideline of your Internet access provider or online service.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Sources: Website Access Agreement
User Conduct. 7.1 In While using and/or accessing Novus Property the Site and the Services, you shall:
agree not to: • impersonate any person or entity or misrepresent your affiliation with any other person or entity; • attempt to gain unauthorized access to other computer systems through the Site; • obtain or attempt to obtain unauthorized access to computer systems, materials, information or any Services made available on or through the Site through any means; • use the Site or the Services or features in violation of ▇▇▇ ▇▇▇▇▇▇▇'▇ or any third party's intellectual property or other proprietary, personal or legal rights; • use the Site or the Services in violation of any applicable law; • attempt (aor encourage or support anyone else's attempt) comply with all Applicable Lawto circumvent, including without limitation technology control reverse engineer, decrypt, or export laws and regulations that apply to the technology used otherwise alter or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection interfere with the Website and Website Services as imposed Site or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreementthe Services, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purposecontent thereof, or make unauthorized use thereof; • use the Site in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, or impair or compromise Novus’s systems or security the Site or interfere with any other users’ party's use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems the Site; • obtain or attempt to decipher obtain any transmissions to materials or from information through any means not intentionally made publicly available or provided for through the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of othersSite. 11. NO WARRANTIES. ▇▇▇ ▇▇▇▇▇▇▇ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE SITE OR THE SERVICES MADE AVAILABLE ON THE SITE BY ▇▇▇ ▇▇▇▇▇▇▇ OR ANY THIRD PARTY. ▇▇▇ ▇▇▇▇▇▇▇ SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE OR THE SERVICE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE, which is unlawfulTHE SITE'S CONTENT, technologically harmfulAND THE SERVICE AT YOUR OWN RISK. THE SITE AND THE SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. ▇▇▇ ▇▇▇▇▇▇▇ IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. ▇▇▇ ▇▇▇▇▇▇▇ RESERVES THE RIGHT TO MAKE CHANGES, threateningCORRECTIONS, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any lawAND/OR IMPROVEMENTS TO THE SITE AND THE SERVICE AT ANY TIME WITHOUT NOTICE.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Sources: Website Terms of Use
User Conduct. 7.1 In using and/or accessing Novus Property and Services, you shall:
Borrower agrees: (ai) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply not to use the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or MyAccount service in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburdenoverburden 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 Borrower, impair or compromise Novusauthorized third party (e.g., accounting company) who requires such access, and is approved by Borrower’s systems User Administrator, should apply for their own Passwords; (iii) not to upload, post, or security otherwise transmit through or interfere with on the MyAccount site any viruses or other users’ use and enjoyment harmful, disruptive or destructive files; (iv) not to knowingly post on the MyAccount service or site information which is untrue, incomplete or inaccurate; (v) not to transmit through or on the MyAccount site “spam”, chain letters, junk mail or any other type of Novus Property and Services;
unsolicited mass email to Persons who have not agreed to be part of such mailings; (fvi) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt not to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted otherwise disseminate on or through or posted on the Website any Information which violates or infringes the rights of othersMyAccount site harassing, which is unlawfuldefamatory, technologically harmfullibelous, tortious, offensive, threatening, abusive, defamatory, vulgar, obscene, profane obscene or otherwise objectionableunlawful communications or materials of any kind, or materials which encourages conduct infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that would could constitute a criminal offenceoffense, give rise to civil liability or otherwise violate any applicable law.
7.3 If ; (vii) not to use any part robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the MyAccount site including, but not limited to, personally identifiable information of Novus Property and Services is copied in accordance with this Agreementany other user of the MyAccount site, you shall keep or the names of customers of Administrative Agent or its Affiliates; (viii) not to modify, assign, sublicense, sell or prepare derivative works of any materials on the MyAccount site nor to reproduce or publicly display, perform, distribute or otherwise use such materials except as expressly allowed herein; (ix) to retain, on all copies of Novus Property any materials downloaded, all copyright, trademark, and Services secured other proprietary notices contained in the materials; (x) not to interfere with the security of, or otherwise abuse, the MyAccount 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 Person’s use and to maintain accurate and up- to- date records enjoyment of the number MyAccount service or affiliated or linked sites; (xii) not to use or attempt to use another’s account, service or system without authorization from Administrative Agent to create or use a false identity on the MyAccount service; (xiii) not to attempt to obtain unauthorized access to the MyAccount service or portions of the MyAccount service which are restricted from general access; and locations of (xiv) to comply with all such copies and applicable laws that relate to include Novus’s copyright notice its use or activities on all entire and partial copies you make of Novus Property and Services on any mediumthe MyAccount service.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Sources: Credit Agreement (Medical Staffing Network Holdings Inc)
User Conduct. 7.1 In using and/or accessing Novus Property Notwithstanding other rules and Services, you shall:
(a) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply to the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out prohibitions in this Agreement, by using our Services you shall agree that:
i. You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes.
ii. You will only use the Services in accordance with all applicable laws and shall not attempt tointellectual property rights, whether by yourself including copyrights, trade secrets, or by allowing other rights of any third party to:party, including privacy or publicity rights.
(a) iii. You will not use Novus Property the Services to discriminate against any individual or class of individuals protected under federal, state, or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist, or discriminatory activities or outcomes.
iv. You will only access the Site or Services using means explicitly authorized by Commission Clarity.
v. You will not use another user’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Site or Services.
vi. You will not use the Site or Services to cause nuisance, annoyance, or inconvenience.
vii. You will not copy or distribute any information or content displayed through the Services, for republication in any format or media.
viii. You will not compile, directly or indirectly, any content displayed through the Services except for your personal, non-commercial use.
ix. The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
x. You will use Commission Clarity Services only for your own use and will not directly or indirectly resell, license or transfer the Services or any part thereof for any purposes other than for your personal use;content displayed or information provided through the Services to a third party.
(b) xi. You will not use Novus Property and the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburdenoverburden or impair any Commission Clarity or Commission Clarity server, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment the networks connected to any Commission Clarity of Novus Property and Services;Commission Clarity server.
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or xii. You will not attempt to decipher gain unauthorized access to the Site or Services and/or to any transmissions account, resource, computer system, and/or network connected to any Commission Clarity or Commission Clarity server.
xiii. You will not scrape or otherwise conduct any systematic retrieval of data or other content from Commission Clarity Services.
xiv. You will not try to harm other Users, Commission Clarity, or the servers running Site or Services in any way whatsoever.
xv. You will not engage in threatening, harassing, racist, sexist or any other behavior that Commission Clarity deems inappropriate when using the Services.
xvi. You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Website Services; and
(g) transmit or post or cause to be transmitted through or posted on the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Sources: Terms and Conditions
User Conduct. 7.1 In using and/or accessing Novus Property and Services, you shall:
Borrowers agree: (a) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply not to use the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or MyAccount service in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburdenoverburden 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 Borrowers, impair or compromise Novus’s systems authorized third party (e.g., accounting company) who requires such access, and is approved by Borrowers’ User Administrator, should apply for their own Passwords; (c) not to upload, post, or security otherwise transmit through or interfere with on the MyAccount site any viruses or other users’ use and enjoyment harmful, disruptive or destructive files; (d) not to knowingly post on the MyAccount service or site information which is untrue, incomplete or inaccurate; (e) not to transmit through or on the MyAccount site “spam”, chain letters, junk mail or any other type of Novus Property and Services;
unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt not to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted otherwise disseminate on or through or posted on the Website any Information which violates or infringes the rights of othersMyAccount site harassing, which is unlawfuldefamatory, technologically harmfullibelous, tortious, offensive, threatening, abusive, defamatory, vulgar, obscene, profane obscene or otherwise objectionableunlawful communications or materials of any kind, or materials which encourages conduct infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that would could constitute a criminal offenceoffense, give rise to civil liability or otherwise violate any applicable law.
7.3 If ; (g) not to use any part robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the MyAccount site including, but not limited to, personally identifiable information of Novus Property and Services is copied in accordance with this Agreementany other user of the MyAccount site, you shall keep or the names of customers of Lender or its Affiliates; (h) not to modify, assign, sublicense, sell or prepare derivative works of any materials on the MyAccount site nor to reproduce or publicly display, perform, distribute or otherwise use such materials except as expressly allowed herein; (i) to retain, on all copies of Novus Property any materials downloaded, all copyright, trademark, and Services secured other proprietary notices contained in the materials; (j) not to interfere with the security of, or otherwise abuse, the MyAccount 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 Person’s use and to maintain accurate and up- to- date records enjoyment of the number MyAccount service or affiliated or linked sites; (l) not to use or attempt to use another’s account, service or system without authorization from Lender to create or use a false identity on the MyAccount service; (m) not to attempt to obtain unauthorized access to the MyAccount service or portions of the MyAccount service which are restricted from general access; and locations of (n) to comply with all such copies and applicable laws that relate to include Novus’s copyright notice its use or activities on all entire and partial copies you make of Novus Property and Services on any mediumthe MyAccount service.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
User Conduct. 7.1 In using You agree not to use the Services or the Site to take any action(s) that, (and your continued use of the Site and Services are conditioned on not taking any action(s) that): • patently offensive and promotes racism, bigotry, hatred or physical harm of any kind 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, violence, or offensive subject matter or contains a link to an adult website; • solicits personal information; provides any User 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 (those not linked to or from another 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, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated files; • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; • involves commercial activities and/or accessing Novus Property and Servicessales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; • are contrary to ▇▇▇▇▇’s public image, goodwill, or reputation; • infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; • express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance; • transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so; • “frame” or “mirror” any part of the Site without our prior written authorization; • distribute any virus, 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 data not intended for you. Further, you shall:
(a) comply with all Applicable Lawagree not to use the Services or the Site to participate in: • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or violation of the privacy or publicity rights of third parties; • advertising to, or solicitation of, any 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, advertise to, solicit, or sell to any User without limitation technology control their prior explicit consent. In order to protect our Users from such advertising or export laws solicitation, 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 the Site in any manner that violates or is otherwise not in accordance with the terms of the subscription package in which you are currently enrolled (“Account”). Any violation of the following usage rules may result suspension of the Services and/or loss of 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 regulations that apply vice versa. o Only one gender is permitted per Account, regardless of sport. For example, Girls’ Basketball cannot upload film to the technology used or supported Boys’ 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 the Website and/or any Website Servicesmisclassifying 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; and
(b) comply with all guidelines0 Sub-Teams. For example, rulesa Football team for 12U may only upload 12U film. 11U and 10U would require separate Accounts, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or though they may be imposed associated under the same organization. o High School: 1 Team per Account; 4 Sub-Teams. For example, Boys’ Football may have separate Sub-Teams for the Freshman, Sophomore, JV and Varsity rosters. • If a Team has not used its full Sub-Team allotment, it may not use those extra Sub-Team allotments to upload film from time another sport, as this would constitute a separate Team requiring its own Account. You agree not to time by Novus attempt to impersonate another User or other individual, and you acknowledge that the Services are for public and not private communications and that you have no expectation of privacy with regard to any User Content. We cannot guarantee the security of any information you disclose; you make such disclosures at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreementyour own risk. Also, you shall not should be skeptical about information provided by others, and shall not attempt toyou acknowledge that the use of any User Content on this Site is at your own risk. If you become aware of misuse of the Services by any person, whether please contact Agile at ▇▇▇▇▇@▇▇▇▇.▇▇▇ . Agile reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by yourself 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 Agile Entities, 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 allowing any third party to:
(a) due to or arising out of your use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property of the Site and Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any unlawful manner, for breach of your representations and warranties set forth above and/or if any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, impair or compromise Novus’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any of the Website Services; and
(g) transmit or post or cause to be transmitted through or User Content posted on the Website any Information which violates Site or infringes through the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane Services causes Agile to be liable to another third party or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any lawUser.
7.3 If any part of Novus Property and Services is copied in accordance with this Agreement, you shall keep all copies of Novus Property and Services secured and to maintain accurate and up- to- date records of the number and locations of all such copies and to include Novus’s copyright notice on all entire and partial copies you make of Novus Property and Services on any medium.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Sources: Letter Agreement
User Conduct. 7.1 In using and/or accessing Novus Property and Services, you shallThe Borrower agrees:
(a1) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply not to use the technology used or supported by the Website and/or any Website Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Website and Website Services as imposed or may be imposed from time to time by Novus at Novus’s absolute discretion.
7.2 Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) use Novus Property and Services or any part thereof for any purposes other than for your personal use;
(b) use Novus Property and Services in any unlawful manner, for any unlawful purpose, or MyAccount service in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(c) misuse or abuse Novus Property and Services in anyway or otherwise compromise the integrity of Novus’s software or systems;
(d) send, advertise or publish any unsolicited advertising or promotional content through or on the Website or Website Services without Novus’s written approval;
(e) use Novus Property and Services in a way that could damage, disable, overburden, overburden or impair the MyAccount service; (ii) not to share the Borrower’s Passwords with any other user or compromise Novusprovide access to the MyAccount service or site to any other Person authorized to act on the Borrower’s systems or security or interfere with other users’ use and enjoyment of Novus Property and Services;
(f) collect or harvest any Information from Novus Property and Services or Novus’s systems or attempt to decipher any transmissions to or from the servers running any behalf. Any employee of the Website ServicesBorrower, or authorized third party (e.g., accounting company) who requires such access, and is approved by the Borrower’s User Administrator, should apply for their own Passwords; and
(giii) not to upload, post, or 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 site information which is untrue, incomplete or inaccurate; (v) not to transmit through or on the MyAccount site “spam”, chain letters, junk mail or any other type of unsolicited mass email to Persons who have not agreed to be part of such mailings; (vi) not to post or cause to be transmitted otherwise disseminate on or through or posted on the Website any Information which violates or infringes the rights of othersMyAccount site harassing, which is unlawfuldefamatory, technologically harmfullibelous, tortious, offensive, threatening, abusive, defamatory, vulgar, obscene, profane obscene or otherwise objectionableunlawful communications or materials of any kind, or materials which encourages conduct infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that would could constitute a criminal offenceoffense, give rise to civil liability or otherwise violate any applicable law.
7.3 If ; (vii) not to use any part robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the MyAccount site including, but not limited to, personally identifiable information of Novus Property and Services is copied in accordance with this Agreementany other user of the MyAccount site, you shall keep or the names of customers of the Lender or its Affiliates; (viii) not to modify, assign, sublicense, sell or prepare derivative works of any materials on the MyAccount site nor to reproduce or publicly display, perform, distribute or otherwise use such materials except as expressly allowed herein; (ix) to retain, on all copies of Novus Property any materials downloaded, all copyright, trademark, and Services secured other proprietary notices contained in the materials; (x) not to interfere with the security of, or otherwise abuse, the MyAccount 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 Person’s use and to maintain accurate and up- to- date records enjoyment of the number MyAccount service or affiliated or linked sites; (xii) not to use or attempt to use another’s account, service or system without authorization from the Lender to create or use a false identity on the MyAccount service; (xiii) not to attempt to obtain unauthorized access to the MyAccount service or portions of the MyAccount service which are restricted from general access; and locations of (xiv) to comply with all such copies and applicable laws that relate to include Novus’s copyright notice its use or activities on all entire and partial copies you make of Novus Property and Services on any mediumthe MyAccount service.
7.4 The foregoing provisions are for the benefit of Novus and Novus’s related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on Novus ‘s behalf.
Appears in 1 contract
Sources: Loan and Security Agreement (Salient Surgical Technologies, Inc.)