Common use of Customer Content Clause in Contracts

Customer Content. 4.7.1 Depending on the Subscription Services purchased via a Quote, Customer may use KnowBe4’s Subscription Services for the hosting of its assets, content, and other materials, such as certain reports; documents; manuals; audiovisual materials; photos; videos; and audio files, to make available to Active Users on or through the KnowBe4’s LMS or Web Hosted Services (“Customer Content”). Customer shall retain ownership of the Customer Content. Subject to, and conditioned on, Customer’s and its Users’ compliance with the terms and conditions of this Agreement, during the applicable Subscription Term, KnowBe4 will provide Customer and Active Users remote electronic access to the Customer Content through the Subscription Services in accordance with this Agreement. KnowBe4 has the right to: (a) take any action with respect to Customer Content that it deems necessary or appropriate, in KnowBe4’s sole discretion, including if KnowBe4 reasonably believes that such Customer Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any person, or creates potential liability for KnowBe4; (b) take appropriate legal action including, without limitation, referral to law enforcement related to any illegal or unauthorized Customer Content provided by Customer; or (c) terminate or suspend Customer’s access to the Subscription Services for violation of this Agreement. Customer grants KnowBe4, its TPPs, and each of their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose the Customer Content as necessary to make the Customer Content available to Customer and its Active Users through the Subscription Services. 4.7.2 Customer represents and warrants that: (a) Customer owns all rights in and to the Customer Content and/or has the right to grant the licenses granted herein to KnowBe4, its TPPs, and each of their respective licensees, successors, and assigns; and (b) all Customer Content does and will continue to comply with this Agreement; (c) all Customer Content does and will continue to comply with all applicable laws and regulations; and (d) the Customer Content does not and will not: (i) contain any material which is defamatory, obscene, indecent, abusive, offensive, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that may give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement; (v) promote any illegal activity or advocate, promote, or assist in any unlawful act; (vi) intentionally create unreasonable disturbances to any other person or organization; or

Appears in 2 contracts

Sources: Master Subscription Agreement, Services Agreement

Customer Content. 4.7.1 Depending on the Subscription Services purchased via a Quote, Customer may use KnowBe4’s Subscription Services for the hosting of its assets, content, and other materials, such as certain reports; documents; manuals; audiovisual materials; photos; videos; and audio files, to make available to Active Users on or through the KnowBe4’s LMS or Web Hosted Services (“Customer Content”). Customer shall retain ownership of the Customer Content. Subject to, and conditioned on, Customer’s and its Users’ compliance with the terms and conditions of this Agreement, during the applicable Subscription Term, KnowBe4 will provide Customer and Active Users remote electronic access to the Customer Content through the Subscription Services in accordance with this Agreement. KnowBe4 has the right to: (a) take any action with respect to Customer Content that it deems necessary or appropriate, in KnowBe4’s sole discretion, including if KnowBe4 reasonably believes that such Customer Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any person, or creates potential liability for KnowBe4; (b) take appropriate legal action including, without limitation, referral to law enforcement related to any illegal or unauthorized Customer Content provided by Customer; or (c) terminate or suspend Customer’s access to the Subscription Services for violation of this Agreement. Customer grants KnowBe4, its TPPsthird party providers, and each of their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose the Customer Content as necessary to make the Customer Content available to Customer and its Active Users through the Subscription Services. 4.7.2 . Customer represents and warrants that: (a) Customer owns all rights in and to the Customer Content and/or has the right to grant the licenses granted herein to KnowBe4, its TPPsthird party providers, and each of their respective licensees, successors, and assigns; and (b) all Customer Content does and will continue to comply with this Agreement; (c) all Customer Content does and will continue to comply with all applicable laws and regulations; and (d) the Customer Content does not and will not: (i) contain any material which is defamatory, obscene, indecent, abusive, offensive, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that may give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement; (v) promote any illegal activity or advocate, promote, or assist in any unlawful act; (vi) intentionally create unreasonable disturbances to any other person or organization; oror (vii) contain any: (A) viruses, trojan horses, worms, backdoors, or other software or hardware devices, the effect of which would permit unauthorized access to, or disable, erase, or otherwise harm any computer, systems, software, or content; or (B) time bombs, drop dead devices, or other software or hardware devices designed to disable a computer program automatically with the passage of time or under the positive control of any person, or otherwise deprive KnowBe4, or its customers/users, of its lawful rights. In addition to Customer’s indemnification obligations contained in this Agreement, Customer will defend and indemnify KnowBe4 and hold it harmless from any and all claims, losses, deficiencies, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by KnowBe4 as a result of any claim by a third party arising from KnowBe4’s hosting or distribution of the Customer Content as authorized under this Agreement. The procedure for indemnification will be as set forth in the Section covering Customer’s indemnification obligations.

Appears in 2 contracts

Sources: Terms of Service, Terms of Service

Customer Content. 4.7.1 6.1 Depending on the Subscription Products and Services purchased via a Quote, Customer may use KnowBe4’s Subscription Products and Services for the hosting of its assets, content, and other materials, such as certain reports; documents; manuals; audiovisual materials; photos; videos; and audio files, to make available to Active Users on or through the KnowBe4’s LMS or Web Hosted Products and Services (“Customer Content”). All Customer shall retain ownership of the Content will be considered Customer ContentData. Subject to, and conditioned on, Customer’s and its Users’ compliance with the terms and conditions of this Agreement, during the applicable Subscription Termsubscription term, KnowBe4 will provide Customer and Active Users remote electronic access to the Customer Content through the Subscription Web Hosted Services in accordance with this Agreement. KnowBe4 has the right to: (a) take any action with respect to any Customer Content that it deems necessary or appropriate, in KnowBe4’s sole discretion, including if KnowBe4 reasonably believes that such Customer Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any person, or creates potential liability for KnowBe4; (b) take appropriate legal action including, without limitation, referral to law enforcement related to any illegal or unauthorized Customer Content provided by Customer; or (c) terminate or suspend Customer’s access to the Subscription Web Hosted Services for any violation of this Agreement. Customer grants KnowBe4, its TPPsservice providers, and each of their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose the Customer Content as necessary to provide the Web Hosted Services and to make the Customer Content available to Customer and its Active Users through the Subscription ServicesUsers. 4.7.2 6.2 Customer represents and warrants that: (a) Customer owns all rights in and to the Customer Content and/or has the right to grant the licenses granted herein to KnowBe4, its TPPsservice providers, and each of their respective licensees, successors, and assigns; and (b) all Customer Content does and will continue to comply with this Agreement; (c) all Customer Content does and will continue to comply with all applicable international, federal, state, and local laws and regulations; and (d) the Customer Content does not and will not: (i) contain any material which is defamatory, obscene, indecent, abusive, offensive, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that may give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement; (v) promote any illegal activity or advocate, promote, or assist in any unlawful act; (vi) intentionally create unreasonable disturbances to any other person or organization; or;

Appears in 2 contracts

Sources: Services Agreement, Master Agreement

Customer Content. 4.7.1 Depending on the Subscription Services purchased via a Quote, The Customer may use KnowBe4’s Subscription Services has sole responsibility for the hosting of its assetslegality, contentreliability, integrity, accuracy and other materials, such as certain reports; documents; manuals; audiovisual materials; photos; videos; and audio files, to make available to Active Users on or through the KnowBe4’s LMS or Web Hosted Services (“Customer Content”). Customer shall retain ownership quality of the Customer Content. Subject to, The Customer shall be responsible for making and conditioned on, Customer’s and its Users’ compliance with the terms and conditions keeping full back-up copies of this Agreement, during the applicable Subscription Term, KnowBe4 will provide Customer and Active Users remote electronic access to the Customer Content through the Subscription Services in accordance with this AgreementContent. KnowBe4 has the right to: (a) take any action with respect to The Customer Content that it deems necessary or appropriate, in KnowBe4’s sole discretion, including if KnowBe4 reasonably believes that such Customer Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any person, or creates potential liability for KnowBe4; (b) take appropriate legal action including, without limitation, referral to law enforcement related to any illegal or unauthorized Customer Content provided by Customer; or (c) terminate or suspend Customer’s access to the Subscription Services for violation of this Agreement. Customer grants KnowBe4, its TPPs, and each of their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose the Customer Content as necessary to make the Customer Content available to Customer and its Active Users through the Subscription Services. 4.7.2 Customer represents and warrants that: (a) Customer owns all rights in and it is entitled to provide the Customer Content and/or has the right to grant the licenses granted herein to KnowBe4, its TPPs, and each of their respective licensees, successors, and assignsCrimson Tide; and (b) all that the Licensed Users and any other relevant third parties have given their consent for Crimson Tide to receive and use the Customer Content does and will continue to comply in accordance with this Agreement; Contract. The Customer shall (cand shall procure that the Licensed Users shall) all Customer Content does and will continue to comply with all applicable laws and regulations; and (d) ensure that the Customer Content does not contain any data or content which: (a) is unlawful; (b) infringes the rights of any third party; and will not/ or (c) is offensive, abusive, indecent, obscene, menacing, defamatory, and / or fraudulent. The Customer acknowledges and agrees that Crimson Tide shall be entitled to: (a) collect, access, modify, distribute, audit, reproduce, delete or remove any Customer Content, and non-identifying and / or anonymised information relating to the Customer, the Licensed Users, and / or the use of the Hosted Solution and Device Software to the extent necessary to: (i) contain any material which is defamatory, obscene, indecent, abusive, offensive, violent, hateful, inflammatory, or otherwise objectionableprotect the Customer; (ii) promote sexually explicit provide, protect, and improve Crimson Tide’s or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or agethe Cloud Services Provider’s products and services; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any personprovide statistical analysis (subject always to the Data Protection Laws); (iv) violate protect the legal rights integrity of any data held by Crimson Tide; and / or (including the rights of publicity v) comply with this Contract and privacy) of others / or contain any material that may give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreementregulations; (vb) promote any illegal activity or advocatedisclose such data and information if required by law, promoteto enforce this Contract, or assist to protect Crimson Tide’s rights or those of Crimson Tide’s customers; and (c) use cookies on the Device Software and Devices. If Crimson Tide processes any personal data on the Customer’s behalf when performing its obligations under this Contract, the Customer shall be the data controller of such personal data and Crimson Tide shall be the data processor. In this Clause 12.5, “data controller”, “data processor”, “personal data” and “process” have the meanings given to them in the Data Protection Laws. Crimson Tide shall be entitled to vary the provisions of this Contract to reflect any unlawful act; Data Protection Law Changes by providing the Customer with not less than fourteen (vi14) intentionally create unreasonable disturbances to any other person or organization; ordays’ prior written notice of such variation.

Appears in 1 contract

Sources: Contract

Customer Content. 4.7.1 Depending on the Subscription Services purchased via a Quote, Customer may use KnowBe4’s Subscription Services for the hosting of its assets, content, and other materials, such as certain reports; documents; manuals; audiovisual materials; photos; videos; and audio files, to make available to Active Users on or through the KnowBe4’s LMS or Web Hosted Services (“Customer Content”)6.1. Customer shall retain ownership of the Customer Content. Subject togrants CoachingAssembly a non-exclusive, worldwide, royalty-free and conditioned on, Customer’s and its Users’ compliance with the terms and conditions of this Agreement, during the applicable Subscription Term, KnowBe4 will provide Customer and Active Users remote electronic access to the Customer Content through the Subscription Services in accordance with this Agreement. KnowBe4 has the right fully paid license to: (a) take any action with respect to Customer Content that it deems necessary or appropriate, in KnowBe4’s sole discretion, including if KnowBe4 reasonably believes that such Customer Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any person, or creates potential liability for KnowBe4; (b) take appropriate legal action including, without limitation, referral to law enforcement related to any illegal or unauthorized Customer Content provided by Customer; or (c) terminate or suspend Customer’s access to the Subscription Services for violation of this Agreement. Customer grants KnowBe4, its TPPs, and each of their respective licensees, successors, and assigns the right to use, reproduce, modify, performreformat, display, distribute, modify and otherwise disclose create derivative works of the Customer Content as necessary to make necessary, for purposes of providing the Services (including, where applicable, sharing and providing such Customer Content available with Candidates & Employees) and exercising its rights hereunder; and (b) use Customer’s trademarks, service marks, and logos to provide the Services to Customer and its Active Users through the Subscription Services. 4.7.2 Customer represents and warrants that: (a) Customer owns all Candidates. All rights in and to the Customer Content and/or has not expressly granted to CoachingAssembly in this Agreement are reserved by Customer. As between the Parties, Customer retains all right, title and interest in and to the Customer Content, and CoachingAssembly acknowledges that it neither owns nor acquires any additional rights in and to the Customer Content not expressly granted by this Agreement. CoachingAssembly further acknowledges that Customer retains the right to grant use the licenses granted herein to KnowBe4Customer Content for any purpose in Customer’s sole discretion. 6.2. Customer shall be responsible for and assumes the risk, its TPPsresponsibility and expense of: (i) any problems resulting from, the accuracy, quality, integrity, legality, reliability, and each appropriateness of all such Customer Content; and (ii) acquiring, installing and maintaining all connectivity equipment, hardware, software and other equipment as may be necessary for it and its Users to connect to, access, and use the Service. 6.3. Customer acknowledges and agrees that certain personal data will be provided directly by Individuals as part of their respective licensees, successorsindependent relationship with CoachingAssembly, and assignsthat CoachingAssembly's use thereof will be on its own behalf as a data controller in its own right. Individuals may have certain rights in such personal data (as opposed to Customer or CoachingAssembly having such rights), notwithstanding anything to the contrary in this Agreement. Nothing in this Agreement will limit CoachingAssembly's right to use such personal data. Both Customer and CoachingAssembly shall comply with Data Protection Law. If and to the extent that CoachingAssembly acts as a data processor on behalf of Customer, the data processing clauses set out at Appendix 1 shall apply. 6.4. CoachingAssembly reserves the right to collect, compile, synthesize, and analyze information and data on how the Services are used by Customer and its Users and reserves the right to disclose to and share such information and data with customers and third parties in an anonymous and aggregated form at its discretion (“Aggregate Data”). For the sake of clarity, Aggregate Data will not identify Customer or any Users. To the extent that any Aggregate Data is collected by CoachingAssembly, it will be solely owned by CoachingAssembly and may be used by CoachingAssembly for any lawful purpose, provided that CoachingAssembly agrees to comply with applicable privacy and other laws and regulations respecting the dissemination and use of such Aggregate Data. 6.5. Each party agrees to: (a) use the Confidential Information of the other party only for the purposes described and as permitted herein; and (b) all Customer Content does restrict access to the Confidential Information to such of its personnel, agents, and/or consultants, if any, who have a need to have access and will continue who have been advised of and have agreed in writing or are otherwise bound to comply treat such information in accordance with the terms of this Agreement. The foregoing provision will not apply to Confidential Information that (a) is publicly available or in the public domain at the time disclosed; (b) is or becomes publicly available or enters the public domain through no fault of the recipient; (c) all Customer Content does and will continue is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto; (d) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (e) is independently developed by the recipient; or (f) is approved for release or disclosure by the disclosing party without restriction. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (1) in order to comply with all applicable laws and regulations; and (d) the Customer Content does not and will not: (i) contain any material which is defamatory, obscene, indecent, abusive, offensive, violent, hateful, inflammatoryorder of a court or other governmental body, or as otherwise objectionablenecessary to comply with applicable law, provided that the party making the disclosure pursuant to the order will first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (ii2) promote sexually explicit or pornographic materialto establish a party’s rights under this Agreement, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that may give rise to any civil or criminal liability under applicable laws or regulations or that otherwise make such court filings as it may be in conflict with this Agreement; (v) promote any illegal activity or advocate, promote, or assist in any unlawful act; (vi) intentionally create unreasonable disturbances required to any other person or organization; ordo.

Appears in 1 contract

Sources: Terms and Conditions

Customer Content. 4.7.1 4.7.1. Depending on the Subscription Services purchased via a Quote, Customer may use KnowBe4’s Subscription Services for the hosting of its assets, content, and other materials, such as certain reports; documents; manuals; audiovisual materials; photos; videos; and audio files, to make available to Active Users on or through the KnowBe4’s LMS or Web Hosted Services (“Customer Content”). Customer shall retain ownership of the Customer Content. Subject to, and conditioned on, Customer’s and its Users’ compliance with the terms and conditions of this Agreement, during the applicable Subscription Term, KnowBe4 will provide Customer and Active Users remote electronic access to the Customer Content through the Subscription Services in accordance with this Agreement. KnowBe4 has the right to: (a) take any action with respect to Customer Content that it deems necessary or appropriate, in KnowBe4’s sole discretion, including if KnowBe4 reasonably believes that such Customer Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any person, or creates potential liability for KnowBe4; (b) take appropriate legal action including, without limitation, referral to law enforcement related to any illegal or unauthorized Customer Content provided by Customer; or (c) terminate or suspend Customer’s access to the Subscription Services for violation of this Agreement. Customer grants KnowBe4, its TPPs, and each of their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose the Customer Content as necessary to make the Customer Content available to Customer and its Active Users through the Subscription Services. 4.7.2 4.7.2. Customer represents and warrants that: (a) Customer owns all rights in and to the Customer Content and/or has the right to grant the licenses granted herein to KnowBe4, its TPPs, and each of their respective licensees, successors, and assigns; and (b) all Customer Content does and will continue to comply with this Agreement; (c) all Customer Content does and will continue to comply with all applicable laws and regulations; and (d) the Customer Content does not and will not: (i) contain any material which is defamatory, obscene, indecent, abusive, offensive, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that may give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement; (v) promote any illegal activity or advocate, promote, or assist in any unlawful act; (vi) intentionally create unreasonable disturbances to any other person or organization; oror (vii) contain any: (A) viruses, trojan horses, worms, backdoors, or other software or hardware devices, the effect of which would permit unauthorized access to, or disable, erase, or otherwise harm any computer, systems, software, or content; or (B) time bombs, drop dead devices, or other software or hardware devices designed to disable a computer program automatically with the passage of time or under the positive control of any person, or otherwise deprive KnowBe4, or its customers/users, of its lawful rights. In addition to Customer’s indemnification obligations contained in this Agreement, Customer will defend and indemnify KnowBe4 and hold it harmless from any and all claims, losses,

Appears in 1 contract

Sources: Terms of Service

Customer Content. 4.7.1 Depending Customer agrees that CLOUDBRIC may cache on its servers documents, information and/or any content and/or meta data contained in the Subscription Services purchased via a Quote, Customer may use KnowBe4Customer’s Subscription Services for site and/or trafficked to the hosting of its assets, content, and other materials, such as certain reports; documents; manuals; audiovisual materials; photos; videos; and audio files, to make available to Active Users on or through the KnowBe4Customer’s LMS or Web Hosted Services site (“Customer Content”), including without limitation reroute the Customer Content and all traffic directed to the Customer’s site to another CLOUDBRIC designated IP address, for the purpose of enabling the provision of the Services. Customer shall retain ownership hereby grants CLOUDBRIC a non-exclusive, worldwide, fully paid-up, royalty-free license to use, host, transfer, display, make available to the public, modify certain elements of the Customer Content. Subject to, Content and conditioned on, Customer’s and its Users’ compliance with the terms and conditions of this Agreement, during the applicable Subscription Term, KnowBe4 will provide Customer and Active Users remote electronic access to otherwise exploit the Customer Content through the Subscription Services in accordance with this Agreement. KnowBe4 has the right to: (a) take any action with respect to Customer Content that it deems necessary or appropriateContent, in KnowBe4’s sole discretionany media formats, including if KnowBe4 reasonably believes that such Customer Content violates this Agreementsolely for the purpose of enabling the provision of the Services. Such license will apply to any form, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any personmedia, or creates potential liability for KnowBe4; (b) take appropriate legal action including, without limitation, referral to law enforcement related to any illegal technology now known or unauthorized Customer Content provided by Customer; or (c) terminate or suspend Customer’s access to the Subscription Services for violation of this Agreementhereafter developed. Customer grants KnowBe4, its TPPs, hereby warrants and each of their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose the Customer Content as necessary to make the Customer Content available to Customer and its Active Users through the Subscription Services. 4.7.2 Customer represents and warrants that: (ai) Customer owns is the sole owner of and/or holds all rights in and to the Customer Content and/or has Content; (ii) there are no restrictions, limitations which prevent or restrict Customer from granting CLOUDBRIC the right to grant the licenses granted herein to KnowBe4, its TPPs, and each of their respective licensees, successors, and assignslicense above; and (b) all Customer Content does and will continue to comply with this Agreement; (c) all Customer Content does and will continue to comply with all applicable laws and regulations; and (diii) the Customer Content does not and will not: (ia) facilitate or promote illegal activity, or contain content that is illegal; (b) contain any content, material which or information that is defamatory, obscene, indecentdistasteful, abusive, racially or ethnically offensive, violent, hateful, inflammatoryharassing, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination that is discriminatory based on upon race, sexgender, religioncolor, nationalitycreed, disabilityage, sexual orientation, or agedisability; (iiic) contain sexually suggestive or explicit content; (d) infringe upon or violate any patentright of any third party; (e) disparage, trademark, trade secret, copyrightdefame, or other intellectual property discredit CLOUDBRIC or other rights any third person; or (f) otherwise contain content that violates any laws, rules, regulations or policies of any person; (iv) violate competent jurisdiction. CLOUDBRIC may disallow the legal rights (including use of the rights Services when content is flagged or blocked at CLOUDBRIC’s sole discretion without any prior notice. Customer will have no complaint, claim or demand towards CLOUDBRIC regarding the deletion, blocking or removal of publicity content Customer created, contributed to or used. CLOUDBRIC does not warrant that it will maintain a back-up copy of the Account Information saved to the Cloudbric Website. CLOUDBRIC does not provide a back-up service to Customer, and privacy) Customer shall keep a copy of others or contain any material that may give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement; (v) promote any illegal activity or advocate, promote, or assist in any unlawful act; (vi) intentionally create unreasonable disturbances to any other person or organization; orthe Account Information on Customer’s site for back-up purposes.

Appears in 1 contract

Sources: Master Service Agreement

Customer Content. 4.7.1 Depending 6.1 Dependent on the Subscription Products and Services purchased via a Quote, Customer may use KnowBe4’s Subscription Products and Services for the hosting of its assets, content, content and other materials, such materials such as certain reports; , documents; , manuals; , audiovisual materials; , photos; , videos; , and audio files, files to KnowBe4 to make available to Customer’s Active Users on or through the KnowBe4’s LMS or Web Hosted Products and Services (“Customer Content”). All Customer Content shall retain ownership of the be considered Customer ContentData. Subject to, to and conditioned onon Customer’s, Customer’s and its Users’, compliance with the terms and conditions of this Agreement, during the applicable Subscription TermQuote term, KnowBe4 will shall provide Customer and its Active Users remote electronic access to the Customer Content through the Subscription Web Hosted Services in accordance with this Agreement. KnowBe4 has the right to: (a) take any action with respect to any Customer Content that it deems necessary or appropriate, in KnowBe4’s sole discretion, including if KnowBe4 reasonably believes that such Customer Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any person, or creates potential could create liability for KnowBe4; (b) take appropriate legal action includingaction, including without limitation, referral to law enforcement enforcement, related to any illegal or unauthorized Customer Content provided by Customer; or (c) terminate or suspend Customer’s access to the Subscription Web Hosted Services for any violation of this Agreement. Customer grants KnowBe4, and its TPPsAffiliates and service providers, and each of their and KnowBe4’s respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, distribute and otherwise disclose the Customer Content as necessary to provide the Web Hosted Services and make the Customer Content available to Customer and its Active Users through the Subscription Services. 4.7.2 Customer’s Users. • 6.2 Customer represents and warrants that: (a) Customer owns all rights in and to the Customer Content and/or has the right to grant the licenses granted herein to KnowBe4 and KnowBe4, its TPPs’s affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (b) all Customer Content does and will continue to comply with this Agreement; (c) all Customer Content does and will continue to comply with all applicable international, federal, state, and local laws and regulations; and (d) the Customer Content does not and will not: (i) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, inflammatory or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that may give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement; (v) promote any illegal activity or advocate, promote, or assist in any unlawful act; (vi) intentionally create unreasonable disturbances to any other person or organization; or;

Appears in 1 contract

Sources: Terms of Service

Customer Content. 4.7.1 Depending on the Subscription Services purchased via a Quote, Customer may use KnowBe4’s Subscription Services for the hosting of its assets, content, and other materials, such as certain reports; documents; manuals; audiovisual materials; photos; videos; and audio files, to make available to Active Users on or through the KnowBe4’s LMS or Web Hosted Services (“Customer Content”). Customer shall retain ownership of the Customer Content. Subject to, and conditioned on, Customer’s and its Users’ compliance with the terms and conditions of this Agreement, during the applicable Subscription Term, KnowBe4 will provide Customer and Active Users remote electronic access to the Customer Content through the Subscription Services in accordance with this Agreement. KnowBe4 has the right to: (a) take any action with respect to Customer Content that it deems necessary or appropriate, in KnowBe4’s sole discretion, including if KnowBe4 reasonably believes that such Customer Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any person, or creates potential liability for KnowBe4; (b) take appropriate legal action including, without limitation, referral to law enforcement related to any illegal or unauthorized Customer Content provided by Customer; or (c) terminate or suspend Customer’s access to the Subscription Services for violation of this Agreement. Customer grants KnowBe4, its TPPs, and each of their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose the Customer Content as necessary to make the Customer Content available to Customer and its Active Users through the Subscription Services. 4.7.2 Customer represents and warrants that: (a) Customer owns all rights in and to the Customer Content and/or has the right to grant the licenses granted herein to KnowBe4, its TPPs, and each of their respective licensees, successors, and assigns; and (b) all Customer Content does and will continue to comply with this Agreement; (c) all Customer Content does and will continue to comply with all applicable laws and regulations; and (d) the Customer Content does not and will not: (i) contain any material which is defamatory, obscene, indecent, abusive, offensive, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that may give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement; (v) promote any illegal activity or advocate, promote, or assist in any unlawful act; (vi) intentionally create unreasonable disturbances to any other person or organization; orright

Appears in 1 contract

Sources: Master Subscription Agreement