User Content. To the extent purchased, certain features of the Software are provided on a hosted basis to you (the “Hosted Features”). Subject to the terms and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows: 1. You may create or upload User Content while using the Software. You are responsible for the information, data, messages, comments, and other content or material that you submit, upload, or create on or through the Hosted Features (“User Content”), including its legality, reliability and appropriateness. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you post, upload, link to or otherwise make available via the Software, regardless of the form of that content. 2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any User Content you post, submit, or link; that you will only do so for User Content that you have the right to take such action; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You hereby grant to GitKraken, and its Affiliates, a perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof for the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf. 3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users. 4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, in whole or in part, any User Content or other information submitted by you or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm. 5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activity.
Appears in 2 contracts
Sources: End User License Agreement, End User License Agreement
User Content. To the extent purchased, certain features of the Software are provided on a hosted basis to you (the “Hosted Features”). Subject to the terms and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. A) You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messages, comments, and other content or material understand that you submit, any upload, comment or create post made on the GoodNotes Platform is not private or through the Hosted Features (“User Content”)confidential and can be read and used by other users. However, including its legality, reliability and appropriateness. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of you remain the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any your User Content that you postand, uploadsubject to the licences granted below, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any User Content you post, submit, or link; that you will only do so for User Content that you have the right to take such action; and that you will fully comply with any third party licenses relating continue to use your User Content. Because Content in any way you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. may choose.
(B) You hereby grant to GitKraken, waive any rights of privacy and its Affiliates, publicity or any other rights of a perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit and distribute similar nature in connection with use of your User Content, or any portion thereof for as authorized by these Terms.
(C) By uploading, posting, sharing or displaying any information, messages, content or material (“User Content”) on the purpose of sharing your GoodNotes Platform or providing any User Content with parties you designate, for the purpose of providing the Software to youus or our representative(s), and for improving GitKraken’s products to the extent permitted under applicable laws, you grant us a non-exclusive irrevocable, perpetual, worldwide, royalty-free, and services. We may modify sub-licensable licence to display, store, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or adapt all of your User Content in order any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to transmitproviding current or future GoodNotes services and/or the operation, display promotion or distribute them over computer networks improvement of the GoodNotes Platform. You confirm and in various media and/or make changes warrant to us that you have all the rights, power and authority necessary to grant the above licence.
(D) [You grant all Registered Members, Unregistered Users and all other users of the platform a non-exclusive, worldwide, royalty-free licence to access your User Content as necessary through the GoodNotes Platform, and to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in use your User Content. This license does not grant GitKraken the right , [including to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Softwarereproduce, except that as part of the right to archive User Contentdistribute, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to useprepare derivative works, display, and perform it], only as permitted by the functionality of the GoodNotes Platform. For clarity, this licence does not grant any rights or permissions for a user to make use of your User Content through independent of the Software. If GoodNotes Platform and as set out in clause 6.3]
(E) You represent, warrant and agree that (a) you are uploading shall be solely responsible for obtaining all necessary third party licences and permissions regarding any User Content that you did submit, post or display; (b) any User Content that you submit, post or display does not create infringe or ownviolate any of the copyright, you patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”).
(F) We do not endorse, edit, verify, actively monitor, moderate, or otherwise certify User Content created, submitted, uploaded, posted or displayed by any user of the GoodNotes Platform. You are solely responsible for ensuring that for, and may be held legally liable or accountable for, the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4post or display on the GoodNotes Platform. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User ContentAs such, you represent agree that we are not responsible, and warrant that such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police shall have no liability to you or remove, in whole or in part, anyone else for any User Content or other information submitted by you or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5. You shall not submit, provide or transmit material transmitted through the SoftwareGoodNotes Platform, including infringing, fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and shall not permit any that the risk of your users to, any damage from such User Content or other information thatmaterial rests entirely with you. We are not responsible and shall have no liability to you or anyone else for any act or omission of any user of the GoodNotes Platform.
(G) We reserve the right in our sole discretion to remove, in disable access to, modify or reject any User Content that you submit to, post or display on the discretion of GitKraken: • DefamesGoodNotes Platform which we reasonably believe is unlawful, abusesviolates these Terms, harasses, stalks, threatenscould subject us or our affiliates to liability, or is otherwise violates the legal rights found inappropriate in our sole discretion.
(such as rights of privacy H) You understand and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or agree that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to if you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to delete your account, it may not be possible to completely delete your ability to post to or use User Content from the Software; (ii) refuseGoodNotes Platform, delete or remove any and that your User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user Content may remain viewable elsewhere as part of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activityplatform.
Appears in 2 contracts
Sources: Terms & Conditions, Terms and Conditions
User Content. To the extent purchasedYou retain your rights in Your Content, certain features of the Software are provided on a hosted basis to you (the “Hosted Features”). Subject subject to the terms rights granted below and limitations of this ▇▇▇▇ our rights in Our Property as explained below. You hereby grant and the terms of your Proof of Licenseagree to grant us a worldwide, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, nonperpetual, irrevocable, royalty-free, fully-paid, transferable license, without with the right to sublicensesublicense through multiple tiers, to access copy, edit, modify, adapt, publish, transmit, distribute, prepare derivative works, perform, display, use, and use the Hosted Features otherwise exploit in any manner, Your Content in connection with operation and promotion of the Software for your internal business purposesService and any other purposes reasonably related to the Service or our business. You To the extent reasonably necessary or appropriate to effect or support the license granted by you above, you hereby waive and agree as follows:
1. You may create to waive (or upload User Content while using the Software. You are responsible for the informationif not waivable, data, messages, comments, and other content agree not to assert) any rights of privacy or material that you submit, upload, or create on or through the Hosted Features (“User Content”), including its legality, reliability and appropriateness. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademarkpublicity, or any other proprietary right without the express permission of the owner of such copyright, trademark moral rights or other proprietary right owned by a third-partysimilar rights, and the burden of determining whether any material is protected by any such right is on youwith respect to Your Content. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you post, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any User Content you post, submit, or link; that you will only do so for User Content that you have the right to take such action; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You also hereby grant and agree to GitKraken, and its Affiliates, grant each other User a perpetual, irrevocableworldwide, non-exclusive, royalty-freefree license to access, fully paidcopy and use Your Content which (a) you transmit to such User via the Service or (b) you post within any public forum or similar area of the Service that is available to Users generally, in each case solely for such User’s own personal non-upcommercial purposes (the “Specified Purpose”), worldwide license (including in accordance with the right to sublicense through multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit terms and distribute your User Content, or any portion thereof for the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or mediaconditions herein. You agree that we are not responsible for any use or disclosure of Your Content by other Users or any third party who gains access to it through the Service (which may include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Softwareunintended activities by third parties, except that such as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULAhackers). You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such you own all proprietary rights in Your Content or, with respect to any of Your Content you do not own, that you have the full authority and right to create, upload, store and/or transmit Your Content, and to grant the licenses and rights you have granted in this Agreement, and that your creation, uploading, storage and/or transmission of Your Content, and the exercise by us and other Users of the licenses and rights granted by you herein, shall not infringe any third party intellectual property or proprietary rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous, vulgar, profane or obscene, nor violate any law or other right, privilege or interest of any third party. We do not control User Content, and we are not responsible for its content, accuracy or reliability. We are under no obligation to edit or control User Content, although we reserve the right to review, and take certain actions with respect to, User Content will not violate any in accordance with this Agreement, including the Privacy Policy and the Insurance Documentation (each as defined below). On termination of the unauthorized activities described herein. GitKraken mayyour account, but is not required nor has any or this Agreement, we have no obligation to, monitor, police or remove, in whole or in part, to return any User Content or other information submitted by to you, so you or should retain copies of all of Your Content. In addition to and without limiting any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, rights herein (including in the discretion of GitKraken: • DefamesPrivacy Policy and the Insurance Documentation), abuses, harasses, stalks, threatens, or otherwise violates you also grant us the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access de-identify Your Content (i.e., to remove your accountname and other identifying characteristics, your ability to post to or use the Software; consistent with applicable laws and regulations), (ii) refuseuse or disclose de-identified data for any purpose, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, allow us to share de- identified data with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activityparties.
Appears in 2 contracts
Sources: Terms of Service, Terms of Service
User Content. To the extent purchasedYou retain your rights in Your Content, certain features of the Software are provided on a hosted basis to you (the “Hosted Features”). Subject subject to the terms rights granted below and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features our rights in connection with the Software for your internal business purposes. You agree Our Property (as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messages, comments, and other content or material that you submit, upload, or create on or through the Hosted Features (“User Content”defined below), including its legality, reliability and appropriateness. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you post, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any User Content you post, submit, or link; that you will only do so for User Content that you have the right to take such action; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You hereby grant and agree to GitKraken, and its Affiliates, grant us a perpetual, irrevocableworldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully fully-paid-up, worldwide license (including transferable license, with the right to sublicense through multiple tiers) , to usecopy, reproduceedit, processmodify, adapt, displaypublish, modifytransmit, distribute, prepare derivative works, publishperform, transmit display and distribute your User Contentto otherwise use in any manner, Your Content in connection with operation and promotion of the Service and any other purposes reasonably related to the Service or our business. To the extent reasonably necessary or appropriate to effect or support the license granted by you above, you hereby waive and agree to waive (or if not waivable, agree not to assert) any rights of privacy or publicity, or any portion thereof for the purpose of sharing your User Content moral rights or other similar rights, with parties you designate, for the purpose of providing the Software respect to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or mediaYour Content. You agree that we are not responsible for any use or disclosure of Your Content by other Users or any third party who gains access to it through the Service (which may include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Softwareunintended activities by third parties, except that such as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULAhackers). You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such you own all proprietary rights in Your Content or, with respect to any of Your Content you do not own, that you have the full authority and right to create, upload, store and/or transmit Your Content, and to grant the licenses and rights you have granted in this Agreement, and that your creation, uploading, storage and/or transmission of Your Content, and the exercise by us and other Users of the licenses and rights granted by you herein, shall not infringe any third party intellectual property or proprietary rights, nor violate any rights of privacy or publicity. We do not control User Content, and we are not responsible for its content, accuracy or reliability. We are under no obligation to edit or control User Content, although we reserve the right to review, and take certain actions with respect to, User Content will not violate any of in accordance with this Agreement, including the unauthorized activities described hereinPrivacy Policy (as defined below). GitKraken may, but is not required nor has any obligation to, monitor, police or removeIn the event that we deem, in whole or in partour sole discretion, any User Content or other information submitted by you or any other user that it determines in its sole discretion is in violation to be inconsistent with the terms of this Agreement or would otherwise cause GitKrakenAgreement, its users, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or usersPrivacy Policy, or any other third party. • Uses raciallyrules or policies we may publish from time to time, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission we may remove such User Content from the owner. • Disseminates any unsolicited or unauthorized advertisingService, promotional materialsincluding incomplete posts, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’duplicate posts, or any other form User Content we deem, in our sole discretion, to be misleading or otherwise inappropriate. On termination of such solicitationyour account, or this Agreement, we have no obligation to return any User Content to you, so you should retain copies of all of Your Content. • Uses In addition to and without limiting any robotother rights herein (including in the Privacy Policy), spider, scraper or other automated means you also grant us the rights to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access de-identify Your Content (i.e., to remove your accountname and other identifying characteristics, your ability to post to or use the Software; consistent with applicable laws and regulations), (ii) refuseuse or disclose de-identified data for any purpose, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, share de- identified data with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activityparties.
Appears in 2 contracts
Sources: Terms of Service, Terms of Service
User Content. To 13.1 The Site permits the extent purchased, certain features submission and posting of the Software are provided on a hosted basis to you (the “Hosted Features”). Subject to the terms questions and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features answers in connection with Evaluation Processes and may also permit the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messages, comments, submission and posting of other text and/or other content submitted by you and other content or material that you submitusers (all of the foregoing, uploadcollectively, or create on or through the Hosted Features (“User ContentSubmissions”), including its legalityand the hosting, reliability and appropriatenesssharing, and/or publishing of such User Submissions. You may understand that whether or not uploadsuch User Submissions are published, post the Company does not guarantee any confidentiality with respect to any User Submissions. You acknowledge that you shall not be due any remuneration in connection with your User Submissions from the Company or otherwise make available through the Software any material protected by copyright, trademark, or from any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. User.
13.2 You shall be solely liable responsible for any damage resulting from any infringement your own User Submissions and the consequences of posting or publishing them. In connection with your User Submissions, you affirm, represent, and/or warrant that: (i) your submission of User Submissions and the publication and use thereof by the Company does not violate the copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity trade secrets rights or other intellectual property rights of any other harm resulting from third party, nor shall it constitute or result in a breach of any User Content that duty or obligation of confidentiality owed by you postto any third party, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any User Content you post, submit, or link; that you will only do so for User Content that (ii) you have the right written consent, release, and/or permission of each and every identifiable individual person in the User Submission to take use the name or likeness of each and every such action; identifiable individual person to enable inclusion and that use of the User Submissions in the manner contemplated by the Company and this Agreement.
13.3 By submitting User Submissions to the Site, you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You hereby grant to GitKraken, and its Affiliates, the Company a perpetual, irrevocable, non-exclusiveworldwide, royalty-free, fully paid-uptransferable, worldwide sublicensable right and license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit distribute and distribute your exploit such User Content, or Submission in any portion thereof for the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks manner and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements form of media, whether currently or limitations of any networks, devices, services or mediahereafter existing. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that you have all necessary right, title and interest in and to each such User Content Submission to validly grant such license to the Company.
13.4 In connection with User Submissions and any other transmission of messages or material facilitated by the Site, you further agree that you will not: (i) submit or transmit material that is not authorized by the copyright owner, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant the rights granted to the Company in Section 13.3 above; (ii) publish or transmit falsehoods or misrepresentations that could damage the Company or any third party; (iii) submit or transmit material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post or transmit advertisements or solicitations of business; or (v) impersonate another person. If notified by a user or a content owner of a User Submission that allegedly does not conform to this Agreement, the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, Company may investigate the allegation and determine in whole or in part, any User Content or other information submitted by you or any other user that it determines good faith and in its sole discretion is whether to remove the User Submission, which it reserves the right to do at any time. Additionally, the Company may, at any time, remove any User Submission that in violation the sole judgment of the Company violates this Agreement Agreement.
13.5 User Submissions may be provided by (without limitation) Users who are members of a Start-Up management team, contacts referred by Start-Ups (including without limitation customers, scientific advisors, background references, suppliers and distributors), external experts referred by the Company. The insights, recommendations, views and other content reflected in a User Submission should be taken as opinion rather than statements of facts. Investors should conduct their own diligence before making an investment. Nothing contained in a User Submission constitutes tax, legal, insurance or would otherwise cause GitKraken, its usersinvestment advice, or third parties harm.
5the recommendation of or an offer to sell, or the solicitation of an offer to buy or invest in, any investment product, vehicle, service or instrument. Such an offer or solicitation may only be made by delivery to a prospective investor of formal offering materials, including subscription or account documents or form, which should be reviewed carefully by any such investor before making the decision to invest in any particular company issuer listed, reviewed or discussed on the Propel(x) platform. To the maximum extent permitted under applicable law, you hereby release Propel(x) (and our officers, directors, agents, investors, subsidiaries, and employees) and each other User from any and all claims, demands, liabilities, losses or damages (whether direct, indirect, consequential, incidental or otherwise) of every kind and nature, known and unknown, suspected or unsuspected, arising out of or in any way related to User Submissions (including your reliance thereon). You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information acknowledge that, in connection with the discretion foregoing release, you hereby irrevocably waive all rights granted to you under Section 1542 of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, California Civil Code or any other third partyanalogous applicable state or federal law or regulation. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user Said Section 1542 of the Software, all Civil Code of the State of California reads as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activity.follows:
Appears in 2 contracts
Sources: Terms of Use, Terms of Use
User Content. To the extent purchased, certain features 6.1. All property rights arising out of use of the Software are provided on a hosted basis to you (Platform and Services by the “Hosted Features”). Subject to the terms and limitations of this ▇▇▇▇ and the terms of your Proof of LicenseUsers, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messagesany questions, comments, and suggestions, ideas, feedback or other content information with respect to the Platform or material that you submitthe Services generated, upload, posted or create on or through shared by the Hosted Features User (“User Content”)) may be welcomed by ▇▇▇▇▇, including its legality, reliability will not be deemed confidential and appropriateness. You may not upload, post upon ▇▇▇▇▇’s discretion will become the property of Zotlo or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission shall be transferred to Zotlo. Given that ▇▇▇▇▇ shall own all intellectual property rights of the owner User Content, Zotlo may, at its sole discretion, use the User Content for any lawful purpose and you acknowledge and agree that you have transferred or waived any related rights and cannot make any claims. Regardless of such copyrightthe ownership of the User Content (and whether Zotlo claims ownership or not) by posting, trademark uploading, inputting, providing or submitting User Content, you are granting Zotlo necessary sublicensees permission to use User Content in connection with providing Services, using the Platform or other proprietary right owned by a third-partyrelated purposes, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you post, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for reformat your User Content; to publish your name or other related information in connection with your User Content; and the right to sublicense such rights to any related third party.
6.2. If you’re posting anything you did not create yourself You acknowledge that certain User Content may be viewed by third parties, other users of the Platform or do not own the rights to, you agree that you are responsible for through third party websites. It may be indexed by search engines and may accordingly be seen by third parties. Zotlo is under no obligation to post or use any User Content you post, submit, or link; that you will only do so for may provide and Zotlo may remove any User Content at any time in its sole discretion.
6.3. You hereby warrant that (i) the User Content does not violate any rights of third parties, including moral rights, (ii) you have the right to take such action; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You hereby grant to GitKraken, and its Affiliates, a perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof for the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that submit such User Content will on the Platform and you are not violate violating any of the unauthorized activities described herein. GitKraken maylaws, but is not required nor has any obligation toincluding data privacy regulations, monitor, police or remove, in whole or in part, any User Content or other information submitted by you or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; doing so and (iii) take the User Content is, true, accurate, original and does not violate any other action GitKraken deems appropriate, with or without cause and with or without notice, intellectual property rights of third parties.
6.4. The User warrants that there shall be no recourse against Zotlo for any reason infringement (alleged or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user actual) and violation of the Software, all as determined in its sole and absolute discretionthird party rights.
6.5. You agree that GitKraken shall not be liable grant Zotlo the rights we need to you or any third party for any such action. GitKraken may report use your content without attribution and to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation make reasonable adaptations of your or your user’s alleged illegal activitycontent as necessary to render the Platform and provide the Services.
Appears in 2 contracts
Sources: End User Terms of Service, End User Terms of Service
User Content. To the extent purchasedThe Platform may allow you to upload forum posts, certain features of the Software are provided on a hosted basis to you (the “Hosted Features”). Subject to the terms chat with other users and limitations of this ▇▇▇▇ and the terms of your Proof of LicenseProtrainy’s counsellors, including the payment of applicable feesuser discussions, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messages, commentsprofile pages, and other content or material that you submit, uploadand media for social interaction, or create on or through certain information and materials for use with the Hosted Features Programs, e.g., questions, hypotheticals, examples, assignments, industry projects, etc. (“collectively "User Content”"), including its legality, reliability and appropriateness. You may Protrainy does not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you post, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain claim ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any User Content you postmay submit or make available for inclusion on the Platform or Programs. Accordingly, submitsubject to the licence granted to Protrainy above, or link; that you the user will only do so for User Content that you have be the right sole and exclusive owner of any and all rights, title and interest in and to take such action; and that you will fully comply with any third party licenses relating to your the User Content. Because With respect to any User Content you retain ownership of submit via the Platform or Programs or that is otherwise made available to Protrainy, you hereby grant Protrainy an irrevocable, worldwide, perpetual, royalty-free and responsibility for your non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Platforms or in the Programs or otherwise exploit the User Content, GitKraken requires certain legal permissions. You hereby grant to GitKraken, and its Affiliates, a perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, worldwide license (including with the right to sublicense through such rights (to multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof for the purpose of sharing your User Content with parties you designate), for the any purpose of providing the Software to you, and (including for improving GitKraken’s products and servicesany commercial purpose). We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken Protrainy reserves the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of remove any User Content posted by at any time and for any reason. To the extent that you to or through the Software. By providing provide any User Content, you represent and warrant that (a) you have all necessary rights, licences and/or clearances to provide such User Content and permit Protrainy to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Protrainy, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, and (d) such User Content does not and will not violate infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices. Protrainy does not control the User Content posted through the Platform, including any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of the unauthorized activities described hereinsuch User Content. GitKraken may, but is not required nor has Under no circumstances will Protrainy be liable in any obligation to, monitor, police or remove, in whole or in part, way for any User Content Content, including any errors or other information submitted by you or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or usersomissions, or any other third party. • Uses racially, ethnically, loss or otherwise offensive language. • Discusses damage or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to defamation of any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form kind incurred as a result of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to posting or use the Software; (ii) refuse, delete or remove of any User Content; and (iii) take any other action GitKraken deems appropriate, . You are responsible for complying with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive all the laws applicable to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activityUser Content.
Appears in 1 contract
Sources: Terms of Use
User Content. To the extent purchaseda. The Corpay Site may allow you to post, certain features of the Software are provided on a hosted basis to you upload, transmit through or otherwise make your content (the “Hosted Features”). Subject to the terms and limitations of this ▇▇▇▇ and the terms of your Proof of Licensee.g., including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messagesfeedback, comments, and reviews, photos or other content or material that you submitcontent) available to other users of the Corpay Site (collectively, upload, or create on or through the Hosted Features (“User Content”). Corpay is not obligated to, including its legalityand does not regularly review, reliability and appropriateness. You may not uploadprescreen, post or otherwise make available through the Software any material protected by copyrightmonitor, trademarkdelete, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you post, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for your edit User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree You represent that you are responsible for (a) any User Content you post, submit, provide is complete and accurate; (b) you own or link; that you will only do so for otherwise control all the rights to such User Content that you and have the right authority to take grant rights in such action; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You hereby grant to GitKraken, and its Affiliates, a perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof for the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in these Terms of Use; and (c) such User Content does not violate any provision in these Terms of Use and will not cause injury to any person or entity. Corpay shall not be liable to you for any loss caused by your failure to comply with this EULASection. You Corpay shall have the right, ▇▇▇▇@▇▇▇▇▇▇.▇▇▇ each user you have shared▇▇▇▇▇▇.▇▇▇ but not the obligation, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, in whole or in part, any User Content or other information submitted by you or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKrakendiscretion, its usersto edit, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refusemove, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without noticeContent made available through the Corpay Site, for any reason or no reason, including a breach of these Terms of Use or violation of law. You, however, are solely responsible for any action that GitKraken determines User Content provided by you and you will defend (at Corpay’s option), indemnify and hold harmless Corpay, and its officers, directors, contractors, affiliates, business partners, employees and other representatives (collectively, the “Corpay Indemnitees”) from and against all losses, liabilities, and costs (including reasonable attorneys’ fees) resulting from any User Content you provide in, or through, the Corpay Site.
b. You hereby grant Corpay a perpetual, royalty-free, irrevocable, worldwide, unlimited, non-exclusive license to use, reproduce, modify, publish, transmit, perform, display, sublicense, translate, distribute and create derivative works from any User Content provided by you in, or through, the Corpay Site for any purpose whatsoever, in any form, media or technology now or hereafter known or developed. No credit, approval or compensation is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable due to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives use of such conductContent. When legally required or at GitKraken’s sole discretionPlease note any User Content submitted by you is and will be treated as non-confidential and non-proprietary as to you, GitKraken provided that personal information we collect on the Corpay Site will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activitybe subject to our Privacy Policy.
Appears in 1 contract
Sources: Terms of Use
User Content. To You are solely responsible for any User Content submitted by you. Our Service offers both private and public storage options. Private storage options utilized by you shall remain secure and private within the extent purchasedbest efforts of our encryption technology. You understand that with respect to public file storage you have no expectation of privacy regarding such communications. With respect to private communications, certain features we shall only share such communications upon your prior consent unless we are required to share such communication by operation of the Software are provided on a hosted basis to you law (the “Hosted Features”e.g., subpoena, investigation, court order, etc…). Subject to the terms and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for complying with all laws applicable to your User Content. You agree not to submit to the information, data, messages, comments, and other content or material that you submit, uploadService, or create on transmit to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or through the Hosted Features (“User Content”), including its legality, reliability and appropriateness. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademarkillegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, or rights of privacy or publicity). You will not provide inaccurate, misleading or false information to us or to any other proprietary right without the express permission User of the owner Service. If information provided to us, or another user of the Service, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such copyrightchange. WE HAVE NO ABILITY TO DELETE FILES OR COMMUNICATIONS THAT YOU ADD TO THE PERMAWEB. YOUR UPLOADING OF ANY FILES TO THE PERMAWEB SHALL BE PERMANENT AND YOU ASSUME ALL RISKS IN CONNECTION WITH SUCH FILES. We have no responsibility for the conduct of any user in the Service, trademark including any User Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or other proprietary right owned by a third-party, and conduct. Your use of the burden of determining whether any material Service is protected by any such right is on youat your own risk. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity represent and warrant that you have all necessary rights or any other harm resulting from in and to any User Content that you postsubmit within the Service, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any such User Content you postdoes not infringe any proprietary or other rights of third parties, submitthat all such content is accurate and will not cause injury to any person or entity, or link; and that you will only do so indemnify ArDrive and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for User Content all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to take grant ArDrive permission to use any such action; name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. You acknowledge and agree that you will fully comply with all User Content whether publicly posted or privately transmitted to the Service is at your sole responsibility and risk. We disclaim any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You hereby grant to GitKraken, and its Affiliates, a perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof for the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media backup and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason retention of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, in whole or in part, any User Content or other information submitted by you or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive transmitted to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activityService.
Appears in 1 contract
Sources: Terms of Service & Privacy Policy
User Content. To You understand that all Content made available on the extent purchased, certain features of the Software are provided on Service by a hosted basis to you (the “Hosted Features”). Subject to the terms and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messages, comments, and other content or material that you submit, upload, or create on or through the Hosted Features user (“User Content”), including its legalitybut not limited to profile information and communications with other users, reliability and appropriateness. You may not uploadwhether privately transmitted or made publicly available, post or otherwise make available through is the Software any material protected by copyright, trademark, or any other proprietary right without the express permission sole responsibility of the owner of person from which such copyrightUser Content originated. This means that you, trademark or other proprietary right owned by a third-partynot Chalk, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable are entirely responsible for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any all User Content that you upload, post, uploadshare, link to email, transmit, or otherwise make available via the Software, regardless of the form of that content.
2Service. You retain ownership of and responsibility Under no circumstances will Chalk be liable in any way for your any User Content. If you’re posting anything you did You acknowledge that Chalk may or may not create yourself or do pre-screen User Content, but that Chalk and its designees have the right (but not own the rights toobligation) in their sole discretion to pre-screen, you agree that you are responsible for refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, Chalk and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in ▇▇▇▇▇’s sole discretion. You understand that by using the Service, you post, submit, or link; that you will only do so for may be exposed to User Content that you have the right may consider to take such action; and be offensive or objectionable. You agree that you will fully comply with must evaluate, and bear all risks associated with, the use or disclosure of any third party licenses relating to your User Content. Because You further acknowledge and agree that you retain ownership bear the sole risk of and responsibility for your reliance on any Content available on or through the Service. With respect to User ContentContent you submit or otherwise make available on or to the Service, GitKraken requires certain legal permissions. You hereby grant to GitKrakenyou ▇▇▇▇▇ ▇▇▇▇▇ an irrevocable, and its Affiliatesfully sub-licensable, a perpetual, irrevocable, non-exclusiveworld- wide, royalty-free, fully paidnon-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof for the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide exclusive license to use, displaydistribute, reproduce, modify, adapt, publish, translate, publicly perform and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that publicly display such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, (in whole or in part), any and to incorporate such User Content into other works, in any format or medium now known or later developed. You are solely responsible for your interactions with other users of the Service. Chalk reserves the right, but has no obligation, to monitor disputes between you and other users. Termination and Suspension Chalk may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information submitted by you or any other user that it determines in its sole discretion is in violation associated with your account. All provisions of this Agreement or would otherwise cause GitKrakenthat, its usersby their nature, or third parties harm.
5. You should survive termination shall not submitsurvive termination, provide or transmit through the Softwareincluding, without limitation, ownership provisions, warranty disclaimers, indemnity, and shall not permit any limitations of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining If your account is subject to a suspension, please respect the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load restrictions and limitations imposed on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user account as part of the Software, all as determined in its sole suspension. If you would like to restore a suspended account or voluntarily terminate and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or active account please contact us at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activitythe information provided below.
Appears in 1 contract
Sources: Terms of Use
User Content. To the extent purchased, certain 8.1 Certain features of the Software are provided on a hosted basis Site may permit users to you (the “Hosted Features”). Subject to the terms and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using to the SoftwareSite, and to publish User Content on the Site. You are responsible for the information, data, messages, comments, retain any copyright and other content or material proprietary rights that you submit, upload, or create on or through may hold in the Hosted Features (“User Content”), including its legality, reliability and appropriateness. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you post, upload, link post to the Site.
8.2 By providing User Content to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights toSite, you agree that you are responsible for any User Content you postgrant Company an irrevocable, submit, or link; that you will only do so for User Content that you have the right to take such action; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You hereby grant to GitKraken, and its Affiliates, a perpetual, irrevocableworldwide, non-exclusive, royalty-free, fully paid-up, worldwide paid right and license (including with the right to sublicense through multiple tierssublicense) to usehost, store, transfer, display, perform, reproduce, process, adapt, modify for the purpose of formatting for display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof for the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, in whole or in part, in any media formats and through any media channels now known or hereafter developed, whether or not for commercial purposes.
8.3 Company disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Site. By providing User Content via the Site, you affirm, represent, and warrant that:
(A) You are the creator and owner of the User Content, or other information submitted have the necessary licenses, rights, consents, and permissions to authorize Company and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information thatSection, in the discretion manner contemplated by Company, the Site, and these Terms;
(B) Your User Content, and the use of GitKrakenyour User Content as contemplated by these Terms, does not and will not: • Defames(i) infringe, abuses, harasses, stalks, threatensviolate, or otherwise violates the legal rights (such as rights misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses raciallyintellectual property or proprietary right; (ii) slander, ethnicallydefame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or (iii) cause Company to violate any law or regulation; and
(C) Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise offensive languageinappropriate.
8.4 We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to Company may, however, at any liability. • Is copyrighted or trademarked materials time and without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertisingnotice, promotional materialsscreen, ‘junk mail’remove, ‘spam’, ‘chain letters’, ‘pyramid schemes’edit, or block any other form User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Site, you will be exposed to User Content from a variety of such solicitationsources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. • Uses You agree to waive, and do waive, any robotlegal or equitable right or remedy you have or may have against Company with respect to User Content. If notified by a user or User Content owner that User Content allegedly does not conform to these Terms, spiderwe may investigate the allegation and determine in our sole discretion whether to remove the User Content, scraper which we reserve the right to do at any time and without notice. For clarity, Company does not permit copyright-infringing activities on the Site.
8.5 Company does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or other automated means to access (c) the Softwareuse of the Site by its users. • Take any action However, and notwithstanding the foregoing, you acknowledge and agree that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken Company reserves the right to: (i) terminate , and may from time to time, monitor any and all information transmitted or suspend access received through the Site for operational and other purposes. If at any time Company chooses to your accountmonitor the content, your ability to post to Company still assumes no responsibility or use the Software; (ii) refuse, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, liability for any reason or no reasoncontent, or for any action that GitKraken determines is inappropriate loss or disruptive to the Software or to any other user damage incurred as a result of the Softwareuse of content. During monitoring, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that information may be illegalexamined, recorded, copied, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate used in accordance with law enforcement agencies in any investigation of your or your user’s alleged illegal activityour Privacy Policy within these Terms.
Appears in 1 contract
Sources: Terms and Conditions of Service
User Content. To the extent purchased, certain The Game includes features of the Software are provided on a hosted basis to you (the “Hosted Features”). Subject by which users can submit or upload content to the terms Game, including without limitation chat and limitations of this ▇▇▇▇ messaging utilities and the terms of your Proof of Licenseability to select profile names and names for certain In-Game Items (collectively, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messages, comments, and other content or material that you submit, upload, or create on or through the Hosted Features (“User Content”). If you create a Game account via a Third Party Service or otherwise “link” content associated with your Third Party Service account to your account for the Game, including its legality, reliability and appropriatenessyour User Content includes any information or content provided to us by that Third Party Service. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you post, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any User Content you post, submit, or link; that you will only do so for User Content represent that you have the right all rights and permissions necessary to take such action; and submit User Content to us (including, with respect to photographs, written consent from each identifiable person therein), that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You hereby grant to GitKraken, and its Affiliates, a perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof for the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to youis accurate, and for improving GitKraken’s products and services. We may modify or adapt that your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the any confidentiality provisions set forth obligations or in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users violation of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the SoftwareCode of Conduct. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User ContentIn addition, you represent and warrant that such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, in whole or in part, any User Content or other information submitted by you does not violate or infringe upon any copyright, right of privacy, trademark, patent, trade-name, performing right or any literary, dramatic, musical, athletic, personal, private, civil, contract, or property right or any other user that it determines in its sole discretion is in violation right of this Agreement or would otherwise cause GitKrakenany person, its usersfirm, or third parties harm.
5corporation, or contain any libelous or slanderous material. You shall retain all right, title and interest to your User Content, except that you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use your User Content and any modifications thereto in connection with the Game without compensation to you. To the extent permitted by applicable law, you waive any moral rights you may have in your User Content (such as the right to be identified as the author). We do not submit, provide or transmit through the Software, and shall not permit any of your users to, endorse any User Content supplied by other users; each user is responsible for his or her User Content, and we expressly disclaim any warranty with respect to User Content. We have no obligation to monitor User Content, and we are not responsible for monitoring the Game for inappropriate or illegal communications by other information thatusers. However, we reserve the right to block, remove or edit User Content. We may, in our discretion, choose to monitor or record your interaction with the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, Game or otherwise violates with other users when you are using the legal rights (such as rights Game. You acknowledge and agree that you have no expectation of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove in any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activity.
Appears in 1 contract
Sources: Terms of Use
User Content. To the extent purchased, certain features As between you and ProServe you shall retain ownership of the Software are provided on a hosted basis to your User Content that you (the “Hosted Features”). Subject submit to the terms and limitations of Sites or Service. Except as otherwise provided elsewhere in this ▇▇▇▇ and Agreement or on the terms of your Proof of LicenseSite, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messages, comments, and other content or material that you submit, upload, or create on or through the Hosted Features (“User Content”), including its legality, reliability and appropriateness. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you postsubmit or post to the Sites or Service and/or provide us will be treated as nonconfidential and nonproprietary, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any User Content you post, submit, or link; that you will only do so for User Content that you have the right to take such action; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You hereby grant to GitKraken, ProServe and its Affiliates, affiliates a perpetual, irrevocableworldwide, non-exclusive, royalty-free, fully paidtransferable, sub-up, worldwide licensable license (including the and right to sublicense copy, transmit, distribute, publicly perform and display (through multiple tiers) to useall media now known or hereafter created), reproduce, process, adapt, display, modify, prepare and make derivative works, publish, transmit and distribute your User Content, or any portion thereof for the purpose of sharing works from your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or mediaour commercially reasonable purposes. You agree not to include any personally identifiable information in your User Content. This license does not further grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision all users of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly Sites or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others Service Service permission to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have sharedfor their personal, non- commercial purposes, or if shared in a public area, all users of for other purposes authorized by ProServe via the Software a nonexclusive, worldwide license to use, display, Sites and perform Service. The above licenses will continue unless and until you remove or have removed your User Content through from the SoftwareSites or Service, in which case the licenses will terminate within a commercially reasonable period of time. If Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely, and you acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or Service (“Feedback”), provided by you to ProServe are uploading non-confidential and ProServe will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Please note that if you delete User Content Content, we will use reasonable efforts to remove it from the Sites or Service, but you did not create acknowledge that caching or own, you are responsible for ensuring that references to the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4may not be made immediately unavailable. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such you own or otherwise control all of the rights to the reviews, comments and other User Content that you post on this Site and that use of your reviews, comments, or other User Content by us will not infringe upon or violate the rights of any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, in whole or in part, any User Content or other information submitted by you or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5party. You shall not submituse a false e-mail address, provide or transmit through the Software, and shall not permit any of your users to, any User Content or pretend to be someone other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, than yourself or otherwise violates mislead us or third parties as to the legal rights (such as rights origin of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activity.
Appears in 1 contract
Sources: Terms of Use Agreement
User Content. To We do not claim any proprietary rights in the extent purchasedtext, certain features files, images, photos, works of authorship, or any other materials which you upload and/or input to the Software are provided on a hosted basis to you App (the “Hosted Features”collectively, "User Content"). Subject After inputting and/or uploading User Content to the terms App, you continue to retain all ownership and/or license rights in such User Content, and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without continue to have the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Softwarein any way you choose. You are responsible for the information, data, messages, comments, and other content By inputting or material that you submit, upload, or create uploading any User Content on or through the Hosted Features (“User Content”), including its legality, reliability and appropriateness. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you post, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights toApp, you agree that you are responsible for any User Content you post, submit, or link; that you will only do so for User Content that you have the right to take such action; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You hereby grant to GitKraken, and its Affiliates, us a perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof for the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, copy, modify, adapt, translate, perform, display, transmit, sell, reproduce, create derivative works from, incorporate in other works, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or removedistribute, in whole or in part, in any manner or medium (whether now known or hereinafter developed), such User Content as we may, in our discretion, choose to do. To the extent any User Content or other information submitted by contains personal data we will use it in accordance with our Privacy Statement. The license you or any other user grant to us is perpetual (meaning it will not expire), irrevocable (meaning you cannot revoke it), transferable (should we change ownership), non- exclusive (meaning you are free to license your User Content to anyone else in addition to us), fully- paid and royalty-free (meaning we are not required to pay you for the use on the App of the User Content that it determines you provide), fully transferable, assignable and sublicensable (meaning we can transfer our rights), and worldwide (because the internet and the App are global in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5reach). You shall will not submit, provide or transmit through receive any compensation of any kind for the Software, and shall not permit any use of your users to, any User Content submitted by you. You represent and warrant that any User Content that you input or other information that, in upload on or through the discretion App is original to you and does not copy the work of GitKraken: • Defames, abuses, harasses, stalks, threatens, any third party or otherwise violates the legal rights (such as infringe any third-party intellectual rights, moral rights, rights of privacy or publicity rights, and publicity) of GitKrakendoes not contain any defamatory or disparaging statements. Furthermore, its Affiliates or users, or any other third partyyou represent and warrant that you have the right to grant the license described above. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or You acknowledge that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and Beats Therapeutics is not complete responsible or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such actionthe content or accuracy or completeness of the User Content. GitKraken may report to law enforcement authorities any actions that may be illegalHowever, and any reports it receives of such conduct. When legally required or we reserve the right at GitKraken’s all times, in our sole discretion, GitKraken will cooperate with law enforcement agencies to screen the User Content and to edit, move, delete and/or refuse to accept any User Content that in our judgment violates this User Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons. We cannot be responsible for maintaining any investigation of your User Content that you provide to us, and we may delete or your user’s alleged illegal activitydestroy any such User Content at any time.
Appears in 1 contract
Sources: User Agreement
User Content. To the extent purchased, certain features of the Software are provided on a hosted basis to you (the “Hosted Features”). Subject to the terms and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create be able to post, submit, publish, display, or upload User Content while using the Software. You are responsible for the informationtransmit (collectively, “share”) materials, suggestions, ideas, data, messages, comments, and other content or material that you submit, upload, or create on or through the Hosted Features Services (“User Content”). By sharing User Content through the Services, including its legalityyou represent and warrant following: • You are solely responsible for the transmission, reliability accuracy, completeness, and appropriatenesspublication of that User Content; • You have the right, power, and authority to share that User Content and grant the rights and licenses to that User Content provided herein; • The User Content does not and will not infringe or violate the rights of any third party. Any User Content will be treated as non-confidential and non-proprietary, except as otherwise provided in our Privacy Policy. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any share User Content that you postis offensive; objectionable; promotes racism, uploaddiscrimination, link to or otherwise make available via the Softwarebigotry, regardless of the form of that content.
2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any User Content you post, submithatred, or linkphysical harm of any kind; that you will only do so for User Content that you have the right to take such actionharasses or advocates harassment of another person; and that you will fully comply with exploits people in any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Contentmanner; or contains nudity, GitKraken requires certain legal permissionsviolence, or pornographic subject matter. You hereby grant to GitKrakenus a royalty-free, and its Affiliatesworldwide, a perpetual, irrevocable, non-exclusive, royaltyunrestricted, irrevocable, transferable, and sub-freelicensable right and license to modify, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to usecopy, reproduce, processdistribute, adaptsell, publicly display, modifytransmit, prepare delete, make derivative worksworks from, publishstore, transmit and distribute otherwise exploit User Content and to allow others to do the same for any purpose, including, but not limited to, commercial purposes. You acknowledge and agree that you will not receive any compensation whatsoever for granting us this license to your User Content, and you hereby completely and irrevocably waive any moral or any portion thereof for the purpose of sharing your User Content with parties similar rights you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information have in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or even if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such User Content will is altered or changed in a manner that is not violate any of the unauthorized activities described hereinagreeable to you. GitKraken mayThis includes, but is not required nor has any obligation to, monitor, police or remove, in whole or in part, any User Content or other information submitted by you or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users limited to, any User Content or claims based on invasion of privacy, idea misappropriation, other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatenscivil rights violations, or otherwise violates defamation. The license granted under this Section, including the legal rights (such as rights related waiver of privacy and publicity) any applicable moral rights, will survive any termination of GitKrakenthese Terms. Without undertaking any obligation to screen or monitor User Content, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves we have the right to: (ibut not the obligation) terminate or suspend access to your accountedit, your ability modify, refuse to post to or use the Software; (ii) refusepost, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriateContent that we determine, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s our sole discretion, GitKraken will cooperate violates these Terms or is otherwise objectionable. You acknowledge and agree that we may, but are not obligated to, preserve User Content and may also disclose User Content to the extent permitted by applicable law and as provided in our Privacy Policy. You acknowledge and agree that your communications with law enforcement agencies in other users via any investigation channel of communication via the Services may be public and that you have no expectation of privacy concerning your access to and use of the Services. You are solely responsible for your communications through the Services and your interactions with other users of the Services. We may, but are not obligated to, pre-screen User Content or your user’s alleged illegal activitymonitor any area of the Site or Services through which User Content may be submitted. We are not required to host, display, or distribute any User Content on or through the Site or Services and may remove at any time or refuse any User Content for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Content.
Appears in 1 contract
Sources: Terms of Service
User Content. To The Coin Up Service may now or in the extent purchased, certain features of the Software are provided on a hosted basis to future permit you (the “Hosted Features”). Subject to the terms and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messages, comments, and other users to post or link media, text, audio and video recordings, photos, graphics, commentary or other information or content or material that you submit, upload, or create on or through the Hosted Features (“User Content”), including its legality, reliability ) and appropriatenessto host and/or share such User Content. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content is not controlled by Company. Company makes no representations that you post, upload, link to or otherwise make your User Content will remain available via the Software, regardless of the form of that content.
2. You retain ownership of Service in any way and responsibility for may delete your User ContentContent in its sole discretion. If you’re posting anything you did not create yourself or do not own the rights toYOU UNDERSTAND THAT ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE SERVICE IS MADE PUBLICLY AVAILABLE TO USERS OF THE SERVICE, AND COMPANY DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT. NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH USER CONTENT WILL NOT BE INFRINGED UPON OR MISAPPROPRIATED. By submitting User Content to Company, you agree that you are responsible for any User Content you post, submit, or link; that you will only do so for User Content that you have the right to take such action; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You hereby grant to GitKraken, Company and its Affiliates, affiliates a perpetual, irrevocableworldwide, non-exclusive, royalty-free, fully paid-up, worldwide license (including royalty-free, transferable license, with the right to sublicense through multiple tiers) grant and authorize sublicenses, to use, reproduce, processdistribute, modify, adapt, display, modifytranslate, prepare derivative worksworks of, publishdisplay, transmit perform, and distribute otherwise exploit your User Content in connection with the Coin Up Service and Company’s business, including without limitation for promoting and redistributing part or all of the Coin Up Service (and derivative works thereof) in any media formats and through any media channels. The above license granted by you with respect to User Content you submit to the Coin Up Service shall be perpetual and irrevocable, except that with respect to any User Content that you have removed or deleted while maintaining your Coin Up Service user account, or any User Content following any deactivation or deletion of your Service user account, you may specifically notify Company regarding the termination of the foregoing license from you to Company, specifically identifying the item(s) of User Content to which such termination applies, in which case the foregoing license will terminate within a commercially reasonable time after you provide such notice to Company. You understand and agree, however, that even following such termination, Company may retain, but not display or perform, server copies of such User Content. Notwithstanding anything to the contrary herein, the above license granted by you in user comments you submit are perpetual and irrevocable. You shall be solely responsible for your own User Content and the consequences of posting such Content. In connection with User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by Company and these Terms and to grant the rights and license set forth in this Section VIII, and (ii) your User Content, or any portion thereof for the purpose Company’s use of sharing your such User Content with parties you designate, for the purpose of providing the Software pursuant to youthese Terms, and for improving GitKrakenCompany’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision exercise of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions license rights set forth in this EULA. You ▇▇▇▇▇ each user you have sharedSection, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, do not and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, in whole or in part, any User Content or other information submitted by you or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activity.not:
Appears in 1 contract
Sources: Terms of Use
User Content. To the extent purchased, certain features of the Software are provided on a hosted basis to you (the “Hosted Features”). Subject to the terms and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messages, comments, and other content or material that you submit, upload, or create on or through the Hosted Features (“User Content”), including its legality, reliability and appropriateness. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User a) Any Content that you posttransmit, uploadinput or upload on the Platform, link through your Participation in a Prize Giveaway or otherwise, may be subject to Australian and international copyright Laws. Photos or videos not taken by you, music that is not composed or written by you, or text that is not written by you may be owned by somebody else, and they may have copyright over such photo, video, music or text. Accordingly, you must not transmit, input or upload any Content that is not written or otherwise make available via created by you or which you otherwise do not have express permission from its creator to use.
(b) You warrant that you own, or otherwise have, all necessary licences or permissions to use the SoftwareContent that you transmit, regardless input or upload on the Platform including any pictures, videos, sound recordings, musical works and all other copyrightable works (or subject matter other than works) transmitted, inputted or uploaded on the Platform by you. If such Content is a work of joint authorship, you must obtain the written consent from the joint author(s) of the form of that contentwork to transmit, input or upload it on the Platform.
2. You retain ownership of and responsibility for (c) In order to allow TPP to display your User Content. If you’re posting anything you did not create yourself or do not own Content on the rights toPlatform, you agree that you are responsible for any User Content you post, submit, or link; that you will only do so for User Content that you have the right to take such action; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You hereby grant to GitKraken, TPP and its AffiliatesRelated Bodies Corporate a worldwide, a perpetual, irrevocable, non-exclusive, royaltysub-freelicensable, fully paidirrevocable, transferrable, licence-up, worldwide license fee free and royalty free licence to use and reproduce the Content on any sub-page within the Platform or otherwise at TPP’s entire discretion (including for any marketing purposes), and you warrant that there are no legal or equitable impediments to you granting TPP and its Related Bodies Corporate this licence.
(d) Where there are moral rights in accordance with any applicable Law subsisting in relation to Content created or transmitted, inputted or uploaded by you, you grant your consent, and warrant that you have procured the consent of all other joint author(s), to allow TPP and its Related Bodies Corporate to exploit all intellectual property rights in Content transmitted, inputted or uploaded by you at TPP’s entire discretion, even where such use may amount to an infringement of the author’s (or authors’) moral rights.
(e) Where you are viewing another User’s Content, you acknowledge and agree that TPP is not responsible for that Content being published on the Platform. TPP will use its best endeavours to ensure all Content on the Platform is appropriate and complies with these Terms and Conditions (and in that regard TPP reserves the right to sublicense through multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof for monitor all Content on the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s feesPlatform), damages and any other monies owing any person by reason of any User Content posted by however you to or through the Software. By providing User Content, you represent and warrant that such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, in whole or in part, any User Content or other information submitted by you or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall TPP will not be liable to you or in any third party way for any Content transmitted, inputted or uploaded on the Platform by other Users and you expressly release TPP from any such action. GitKraken may report liability (to law enforcement authorities the extent any actions that may be illegal, and any reports it receives of such conduct. When release is legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activitynecessary).
Appears in 1 contract
Sources: User Terms and Conditions
User Content. To the extent purchased, certain Certain features of Maia may permit you, your therapist, or other users to upload content to Maia, including messages, images, data, text, and other types of information (“User Content” ) and to publish User Content on Maia. You retain the Software are provided on a hosted basis copyrights, any moral rights, and any other proprietary rights that you may hold in the User Content that you post to Maia. By posting or publishing User Content, you (the “Hosted Features”). Subject to the terms and limitations of this ▇▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term ▇▇▇▇ Ltd. NZ a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messages, comments, and other content or material that you submit, upload, or create on or through the Hosted Features (“User Content”), including its legality, reliability and appropriateness. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you post, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any User Content you post, submit, or link; that you will only do so for User Content that you have the right to take such action; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You hereby grant to GitKraken, and its Affiliates, a perpetualworldwide, irrevocable, non-exclusivenonexclusive, royalty-free, fully paid-up, worldwide paid right and license (including with the right to sublicense through multiple tierssublicense) to use, host, store, transfer, display, perform, reproduce, processmodify, delete, adapt, display, modify, prepare derivative works, publish, transmit publish and distribute your User Content, or any portion thereof for the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, in whole or in part, for any purpose in accordance with our Privacy Policy, in any media formats and through any media channels now known or hereafter developed. By posting or sharing User Content with your therapist or other information submitted users of Maia, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of Maia. You further acknowledge and agree that you and you alone, are responsible for the development of your User Content. You grant all rights described in this paragraph in consideration of your use of the Services, without compensation of any sort to you. We do not claim ownership of User Content. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and users of Maia to use and distribute your User Content as necessary to exercise the licenses granted by you or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information thatsection, in the discretion manner contemplated by us, Maia, and these Terms; and your User Content, and the use of GitKrakenyour User Content as contemplated by these Terms, does not and will not: • Defames(i) infringe, abuses, harasses, stalks, threatensviolate, or otherwise violates the legal rights (such as rights misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, intellectual property or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Softwareproprietary right; (ii) refuseslander, delete defame, libel, or remove invade the right of privacy, publicity or other property rights of any User Contentother person; and or (iii) take cause us to violate any law or regulation, as applicable. We are under no obligation to edit or control User Content that you or other action GitKraken deems appropriateusers post or publish, and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using Maia you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. To the fullest extent allowed under applicable law, you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Maia Ltd. NZ with respect to User Content. We expressly disclaim any and all liability in connection with User Content, to the fullest extent allowed under applicable law. If notified by a user or without cause content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and with or determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activity.
Appears in 1 contract
Sources: Terms of Service
User Content. To the extent purchasedThe Platform may allow you to upload forum posts, certain features of the Software are provided on a hosted basis to you (the “Hosted Features”). Subject to the terms chat with other users and limitations of this ▇▇▇▇ and the terms of your Proof of LicenseTechMomentum ’s counsellors, including the payment of applicable feesuser discussions, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messages, commentsprofile pages, and other content or material that you submit, uploadand media for social interaction, or create on or through certain information and materials for use with the Hosted Features Programs, e.g., questions, hypotheticals, examples, assignments, industry projects, etc. (“collectively "User Content”"), including its legality, reliability and appropriateness. You may TechMomentum does not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you post, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain claim ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any User Content you postmay submit or make available for inclusion on the Platform or Programs. Accordingly, submitsubject to the license granted to TechMomentum above, or link; that you the user will only do so for User Content that you have be the right sole and exclusive owner of any and all rights, title and interest in and to take such action; and that you will fully comply with any third party licenses relating to your the User Content. Because With respect to any User Content you retain ownership of submit via the Platform or Programs or that is otherwise made available to TechMomentum , you hereby grant TechMomentum an irrevocable, worldwide, perpetual, royalty-free and responsibility for your non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Platforms or in the Programs or otherwise exploit the User Content, GitKraken requires certain legal permissions. You hereby grant to GitKraken, and its Affiliates, a perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, worldwide license (including with the right to sublicense through such rights (to multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof for the purpose of sharing your User Content with parties you designate), for the any purpose of providing the Software to you, and (including for improving GitKraken’s products and servicesany commercial purpose). We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken TechMomentum reserves the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of remove any User Content posted by at any time and for any reason. To the extent that you to or through the Software. By providing provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit TechMomentum to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and TechMomentum , you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, and (d) such User Content does not and will not violate infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices. TechMomentum does not control the User Content posted through the Platform, including any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of the unauthorized activities described hereinsuch User Content. GitKraken may, but is not required nor has Under no circumstances will TechMomentum be liable in any obligation to, monitor, police or remove, in whole or in part, way for any User Content Content, including any errors or other information submitted by you omissions, or any other user loss or damage or defamation of any kind incurred as a result of your posting or use of any User Content. You are responsible for complying with all the laws applicable to the User Content. You are prohibited from posting the following Content on the Platform: Content that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKrakenfraudulent, its usersindecent, or third parties harm.
5. You shall not submitlibellous, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abusesdefames, harasses, stalksdiscriminates against, threatens▇▇▇▇▇ or threatens others; Content that discusses illegal activities, with the intent to commit them; Content that infringes or misappropriates patents, trademarks, trade secrets, right of publicity, or otherwise violates the legal rights (such as other intellectual property rights of privacy and publicity) third parties; Content that you do not have the right to disclose; Profane, pornographic, obscene, indecent or unlawful Content; Advertising or any form of GitKrakencommercial solicitation; Content related to partisan political activities; Content that contains intentionally inaccurate information or that is posted with the intent of misleading others; Viruses, its Affiliates or usersTrojan horses, worms, time bombs, cancelbots, or any other third party. • Uses raciallydisabling devices or other harmful components intended to or that may damage, ethnicallydetrimentally interfere with, surreptitiously intercept, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to expropriate any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertisingsystem, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’data, or personal information; Content that consists of any other form of such solicitation. • Uses any robothigh volume, spiderautomated, scraper or other automated electronic means to access the Software. • Take any action Platform (including without limitation robots, spiders or scripts); Content that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters violates the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list rights of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user users of the SoftwarePlatform; or Content that violates any applicable local, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you state, national or international law or otherwise advocates or encourages any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activity.
Appears in 1 contract
Sources: Terms and Conditions
User Content. To 6.1 Cogniteam allows all its Licensed Product's Customers to submit, post, transmit, and share content with other users under the extent purchasedfollowing terms: • Cogniteam simply displays or makes the User Content available to its Licensed Product's Customers and does not otherwise control the content thereof. • Cogniteam does not guarantee any accuracy or confidentiality with respect to any information contained in any User Content, certain features and strongly recommends that each Customer thinks carefully about what he transmits, submits or posts to or through the Licensed Product. • The Customer understand that all information contained in User Content is the sole responsibility of the Software person from whom such User Content originated. This means that each Customer, and not Cogniteam, is entirely responsible for all User Content that he uploads, posts, transmits, or otherwise make available, as well as for any actions taken by Cogniteam or other users as a result of such User Content. • Cogniteam intends to, but does not guarantee that it will, display or make any User Content available on or through the Licensed Product, and Cogniteam reserves the right to refuse to allow any User Content, or to edit or remove any User Content at any time with or without prior notice, if Cogniteam reasonably believes that such User Content are provided on a hosted basis to you (the “Hosted Features”). Subject to the terms and limitations in violation of this ▇▇▇▇ and User License Agreement or otherwise disrupt or threaten the terms of your Proof of LicenseLicensed Product. Customer agrees to immediately take down any User Content that violates this User License Agreement, including pursuant to a take-down request from Cogniteam. In the payment of applicable feesevent that Customer elects not to comply with a request from Cogniteam to take down certain User Content, GitKraken Cogniteam reserves the right to directly take down such User Content, or to suspend or terminate Customer's License Agreemnt. • By uploading or submitting any User Content, customer hereby grants you during the license term Cogniteam and its affiliates and partners a worldwide, non-exclusive, nonfully paid-transferable licenseup, without the right royalty-free license to sublicensereproduce, to access reformat, distribute, publicly display, and use the Hosted Features publicly perform your User Content in connection with providing the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messages, comments, customer and other content or material that you submitusers with the services, upload, or create features and functionalities available on or through the Hosted Features (“Licensed Product; provided, that for any User Content that is subject to an open source license, Cogniteam’s rights shall be limited to the rights granted under the applicable open source license. • The Service requires the Customer to specify or upload the terms under which other users will be licensed to use his User Content”). • Customer is solely responsible for its own User Content and the consequences of posting or publishing them. In connection with User Content, including its legalityCustomer affirms, reliability represents, and appropriatenesswarrants that: (i) he either own his User Content or have the necessary licenses, rights, consents, and permissions to grant the rights and licenses granted, and (ii) the Cogniteam Licensee’s exercise of the license rights, does not and will not require obtaining a license from or paying any fees and/or royalties to any third party for the exercise of any rights granted. You may • Customer will not upload, post post, transmit or otherwise make available through the Software Licensed Product any material protected by copyrightcontent that infringes any patent, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark trade secret or other proprietary right owned of any party. • Customer will not download any content posted by a third-partyanother user that he knows, or reasonably should know, that cannot be legally distributed in such manner. • Customer will not impersonate another person or otherwise misrepresent himself or the source of any content. • Customer understands that Cogniteam may inspect his User Content, including but not limited to scanning for vulnerabilities, at any time to check for potential security vulnerabilities and other issues. Cogniteam may request that Customer immediately remedy any issue it discovers in his User Content and retains the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from to remove any User Content that you postat any time without notice for any valid business or technical reasons, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for your such as if security vulnerabilities are identified in such User Content. If you’re posting anything you did • Customer understands that User Content made available on or through the Service comes from a variety of sources and that Cogniteam does not create yourself or do endorse and is not own the rights to, you agree that you are responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. Customer understands that Cogniteam cannot, and does not, review all User Content and does not endorse any User Content. Customer further understands and acknowledges that he may be exposed to User Content that is inaccurate, misleading, infringing, or otherwise objectionable. Customer agrees to waive, and hereby does waive, any legal or equitable rights or remedies he has or may have against Cogniteam with respect thereto. • Customer agrees that Cogniteam has no responsibility or liability for the deletion or failure to store any User Content you post, submit, and other communications maintained on or link; that you will only do so for User Content that you have the right to take such action; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You hereby grant to GitKraken, and its Affiliates, a perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, worldwide license (including the right to sublicense transmitted through multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof for the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except Licensed Product. Customer further acknowledges that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content he is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are solely responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages securing and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, in whole or in part, backing up any User Content or other information submitted by you communication he uploads or any other user that it determines in its sole discretion is in violation of this Agreement transmits to or would otherwise cause GitKraken, its users, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activityLicensed Product.
Appears in 1 contract
Sources: User License Agreement
User Content. To the extent purchased, certain features of the Software are provided on a hosted basis to you (the “Hosted Features”). Subject to the terms 4.1 You warrant and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messages, comments, and other content or material that you submit, upload, or create on or through the Hosted Features (“User Content”), including its legality, reliability and appropriateness. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you post, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any User Content you post, submit, or link; that you will only do so for User Content represent that you have the right to take such action; upload any User Content to the Collage App and that storage and accessibility of that User Content within the Collage App shall not give rise to any claim against us. In parTcular, you will fully comply warrant and represent that:
(a) nothing in the User Content is in breach of any law, statute, or regulaTon;
(b) the User Content does not contain any content that is deliberately dishonest, unfair or false or that promotes fraudulent or illegal acTviTes, promotes violence or hatred, is discriminatory of any group of people, or is obscene, offensive, hateful or inflammatory;
(c) nothing in the User Content contains any viruses or other computer programs intended to damage, detrimentally interfere with and/or surrepTTously intercept any system, network or plagorm;
(d) use of the User Content shall not infringe the IP Rights of a third party;
(e) the User Content must not be used by you in breach of any contractual obligaTon you owe to a third party, including any obligaTon of confidenTality.
4.2 You shall indemnify us and our directors from and against all third party costs, claims, demands, liabiliTes, expenses, damages or losses arising out of or in connecTon with any third party licenses relating breach of such warranTes or otherwise in relaTon to your our use of the User Content. Because you retain ownership Content in accordance with these Terms of and responsibility for your User Content, GitKraken requires certain legal permissions. Use.
4.3 You hereby grant to GitKraken, and its Affiliates, us a perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, worldwide license (including exclusive right and licence together with the right to sublicense through multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof for the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide sub-license to use, displayamend, reproduce and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that distribute the User Content you upload is licensed under terms that grant these permissions in relaTon to other GitKraken usersthe Collage App.
4. You agree 4.4 If we receive a request from a Child to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of delete any User Content posted by that relates to that Child, we shall promptly delete that User Content and shall use our reasonable endeavours to noTfy you accordingly. In any case, you must remove from your Account all User Content relaTng to or through a Child on the Software. By providing earlier of:
(a) terminaTon of your teacher/student relaTonship with them if you do not have parental responsibility; and
(b) when the Child completes their secondary educaTon unless the Child expressly consents that you can retain the User Content, you represent and warrant that such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, in whole or in part, any User Content or other information submitted by you or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form us evidence of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on consent at our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activityrequest.
Appears in 1 contract
Sources: Terms of Use
User Content. To The content that you upload or post will become our property and you grant us the extent purchasedworldwide, certain features perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of the Software are provided on a hosted basis its elements for any type of use forever, including but not limited to you (the “Hosted Features”). Subject to the terms promotional and limitations of this ▇▇▇▇ advertising purposes and the terms of your Proof of Licensein any media whether now known or hereafter devised, including the creation of derivative works that may include any content you provide and are not entitled to any payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without or other compensation for such use. You also grant us the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messages, comments, and other content or material that you submit, upload, or create on or through the Hosted Features (“User Content”), including its legality, reliability and appropriateness. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a thirdsub-partylicense these rights, and the burden right to bring an action for infringement of determining whether these rights. We reserve the right to edit or remove any material is protected by submitted to this Website/App, or stored on our servers, or hosted or published upon this Website/App. Those posting any such right is form of User content on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you post, upload, link to or otherwise make available via the Software, regardless Website/App must verify the truthfulness and authenticity of the form particulars of the content, including the time, place and nature. Before allowing such content to be posted on the Website/App, we have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the user posting such content, if we feel that content.
2there is a need to check such accuracy. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any User Content you post, submit, or link; that you will only do so for User Content that you We have the right to take upload content on behalf of third parties, subsequent to collecting such action; information and that you will fully comply with verifying it if we deem it necessary. Notwithstanding this, we can in no way be held liable for any third party licenses relating false or misleading information. In case any content is considered to your User Content. Because you retain ownership of be unlawful or against the law within any jurisdiction in which our Website/App can be seen and responsibility for your User Contentaccessed, GitKraken requires certain legal permissions. You hereby grant to GitKraken, and its Affiliates, a perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, worldwide license (including it shall be removed forthwith by us on being intimated by the right to sublicense through multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof for the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision authorities of the Software, except respective jurisdiction that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULAdeemed unlawful. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, in whole or in part, any User Content or other information submitted by you or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall We cannot be held liable to you or any third party questioned for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activitythe same.
Appears in 1 contract
Sources: Terms and Conditions
User Content. To You understand that all content created or posted by users of either the extent purchased, certain features of the Software are provided on a hosted basis to you (the “Hosted Features”). Subject to the terms and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create Site or upload User Content while using the Software. You are responsible for the information, data, messages, comments, and other content or material that you submit, upload, or create on or through the Hosted Features Service (“User Content”), including its legalitybut not limited to profile information and communications with other users, reliability and appropriateness. You may not uploadwhether privately transmitted or made publicly available, post or otherwise make available through is the Software any material protected by copyright, trademark, or any other proprietary right without the express permission sole responsibility of the owner of person from which such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on youUser Content originated. You shall be solely liable This means that you are entirely responsible for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any all User Content that you upload, post, uploadshare, link to email, transmit, or otherwise make available via the Software, regardless of the form of that contentSite. Under no circumstances will ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.
2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible ▇▇▇™ be liable in any way for any User Content you postuploaded, submitposted, shared, emailed, transmitted or link; otherwise made available via the Site. You represent that you will only do so for not use the Site or Service to post, share, email, transmit, or otherwise make available via the Site, or cause to be posted, shared, emailed, transmitted, or otherwise made available via the Site, any User Content that is: infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, vulgar, or otherwise in violation of any law or right of any third party; or that infringes upon the intellectual property rights of ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇™, its users, or any third party. You agree at all times to defend, indemnify and hold harmless ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇™, its affiliates, successors, transferees, assignees, and licensees, and its respective parent and subsidiary companies, agencies, associates, officers, directors, members and employees of each, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees, arising out of or related to your breach of any obligation, warranty, representation, or covenant set forth herein. You acknowledge that ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇™ may or may not pre-screen User Content, but that ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇™ and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Content available via the Site. Without limiting the foregoing, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇™ and its designees shall have the right (but not the obligation) to remove any User Content that violates these Terms or is otherwise objectionable in ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇™’s sole discretion. You understand that by using the Site, you may be exposed to User Content that you have the right to take such action; and may consider offensive or objectionable. You agree that you will fully comply with must evaluate, and bear all risks associated with, the use or disclosure of any third party licenses relating to your User Content. Because You further acknowledge and agree that you retain ownership bear the sole risk of and responsibility for your reliance on any content available on or through the Site. With respect to User ContentContent you submit or make available on the Site, GitKraken requires certain legal permissions. You hereby you grant to GitKraken, and its Affiliates, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇™ a perpetual, irrevocable, nonfully sub-exclusivelicensable and transferable, worldwide, royalty-free, fully paidnon-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof for the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide exclusive license to use, displaydistribute, reproduce, modify, adapt, publish, translate, publicly perform and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that publicly display such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, (in whole or in part, any ) and to incorporate such User Content into other works in any format or other information submitted by you medium now known or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5later developed. You shall not submit, provide or transmit through are solely responsible for your interactions with other users of the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, or any other third partySite. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇™ reserves the right to: (i) terminate or suspend access right, but has no obligation, to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; monitor disputes between you and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activityusers.
Appears in 1 contract
Sources: Terms of Service
User Content. To the extent purchased, certain features of the Software are provided on a hosted basis to Empower Delivery may provide you (the “Hosted Features”). Subject to the terms and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messages, comments, and other content or material that you submit, upload, or create on or interactive opportunities through the Hosted Features Services, including, by way of example, the ability to post user ratings and reviews (collectively, “User Content”), including its legality, reliability and appropriateness. You may not uploadrepresent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post or and/or otherwise make available transmit through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on youServices. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from further represent and warrant that any User Content that you post, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any User Content you post, submit, post and/or otherwise transmit through the Services (i) does not violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or linkany other intellectual property or proprietary right; (ii) does not contain material that you will only do so for User Content is false, intentionally misleading, or defamatory; (iii) does not contain any material that you have the right to take such actionis unlawful; (iv) does not violate any law or regulation; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions(v) does not violate this Agreement. You hereby grant to GitKraken, and its Affiliates, Empower Deliver a perpetual, irrevocable, non-exclusivetransferable, fully paid, royalty-free, non-exclusive, worldwide, fully paid-up, worldwide sublicenseable right and license (including the right to sublicense through multiple tiers) to use, reproduce, process, adaptcopy, display, publish, modify, prepare remove, publicly perform, translate, create derivative works, publish, transmit and distribute your User Content, or any portion thereof for and/or otherwise use the purpose of sharing your User Content in connection with parties Empower Delivery’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant Empower Delivery a license to use your username, first name and last initial, and/or other user profile information, including without limitation, your ratings history, to attribute User Content to you designatein connection with such Uses, without notification or approval by you. You agree that this license includes the right for the purpose of providing the Software other users to you, access and for improving GitKraken’s products and services. We may modify or adapt use your User Content in order conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to transmit, display Empower Delivery herein shall survive termination of the Services or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or mediayour account. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken Empower Delivery reserves the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, in whole or in part, any User Content or other information submitted by you or any other user that it determines in its sole discretion is in violation of to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or would otherwise cause GitKraken, its users, any community or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors content guidelines we may publish or that depicts cruelty we consider to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, be objectionable for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall Empower Delivery may monitor and/or delete your User Content (but does not be liable to you or any third party assume the obligation) for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKrakenreason in Empower Delivery’s sole discretion. Empower Delivery may also access, GitKraken will cooperate with law enforcement agencies in read, preserve, and disclose any information as Empower Delivery reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce this Agreement, including investigation of your potential violations hereof, (c) detect, prevent, or your user’s alleged illegal activityotherwise address fraud, security, or technical issues, (d) respond to User support requests, or (e) protect the rights, property or safety of Empower Delivery, its Users and the public.
Appears in 1 contract
Sources: Terms and Conditions Agreement
User Content. To 7.1. Some of the extent purchased, certain features of the Software are provided on a hosted basis Services allow you and other users to you (the “Hosted Features”). Subject to the terms use, submit, and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the share information, data, text, messages, commentssoftware, and or other content or material that you submitwith other users (collectively, upload, or create on or through the Hosted Features (“User Content”), including its legality, reliability and appropriateness. You retain full ownership of the User Content you have created. You are solely responsible for your User Content and may not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any you have sufficient permission to share such right information is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content you provide. You understand and agree that you post, upload, link to or otherwise make available via the Software, regardless of the form of that contentall User Content is considered both non-confidential and non-proprietary.
27.2. You retain ownership of and responsibility for your By uploading or submitting User Content. If you’re posting anything you did not create yourself or do not own Content through the rights toServices, you agree that you are responsible for any User Content you post, submit, or link; that you will only do so for User Content that you have the right to take such action; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You hereby grant to GitKrakenMirantis an irrevocable, and its Affiliatessublicensable, a perpetual, irrevocableworldwide, non-exclusive, royalty-free, fully paid-up, worldwide royalty-free license (including to
7.3. You are solely responsible for your non-private User Content and the consequences of posting or publishing them. In connection with non-private User Content, you affirm, represent, and warrant that:
7.4. You understand that User Content made available on or through the Services comes from a variety of sources and that Mirantis does not endorse and is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You understand that Mirantis cannot, does not, and has no obligation to review all User Content and does not endorse any User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, misleading, infringing, or otherwise objectionable. We do not guarantee that you will be able to edit or delete any User Content you have submitted. Mirantis reserves the right to sublicense through multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit and distribute your User Content, edit or remove any portion thereof for the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to at any requirements or limitations of any networks, devices, services or mediatime without prior notice. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, commentswaive, and contributions hereby do waive, any legal or equitable rights or remedies you have or may have against Mirantis with respect to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by with which you to or may interact through the Software. By providing User Content, you represent and warrant that such User Content will not violate any your use of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, in whole or in part, any User Content or other information submitted by you or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harmServices.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activity.
Appears in 1 contract
Sources: Hosted Trial Terms of Service
User Content. To the extent purchasedYou retain your rights in Your Content, certain features of the Software are provided on a hosted basis to you (the “Hosted Features”). Subject subject to the terms rights granted below and limitations of this ▇▇▇▇ our rights in Our Property as explained below. You hereby grant and the terms of your Proof of Licenseagree to grant us a worldwide, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, nonperpetual, irrevocable, royalty-free, fully-paid, transferable license, without with the right to sublicensesublicense through multiple tiers, to access copy, edit, modify, adapt, publish, transmit, distribute, prepare derivative works, perform, display, use, and use the Hosted Features otherwise exploit in any manner, Your Content in connection with operation and promotion of the Software for your internal business purposesService and any other purposes reasonably related to the Service or our business. You To the extent reasonably necessary or appropriate to effect or support the license granted by you above, you hereby waive and agree as follows:
1. You may create to waive (or upload User Content while using the Software. You are responsible for the informationif not waivable, data, messages, comments, and other content agree not to assert) any rights of privacy or material that you submit, upload, or create on or through the Hosted Features (“User Content”), including its legality, reliability and appropriateness. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademarkpublicity, or any other proprietary right without the express permission of the owner of such copyright, trademark moral rights or other proprietary right owned by a third-partysimilar rights, and the burden of determining whether any material is protected by any such right is on youwith respect to Your Content. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you post, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any User Content you post, submit, or link; that you will only do so for User Content that you have the right to take such action; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You also hereby grant and agree to GitKraken, and its Affiliates, grant each other User a perpetual, irrevocableworldwide, non-exclusive, royalty-freefree license to access, fully paidcopy and use Your Content which (a) you transmit to such User via the Service or (b) you post within any public forum or similar area of the Service that is available to Users generally, in each case solely for such User’s own personal non-upcommercial purposes (the “Specified Purpose”), worldwide license (including in accordance with the right to sublicense through multiple tiers) to use, reproduce, process, adapt, display, modify, prepare derivative works, publish, transmit terms and distribute your User Content, or any portion thereof for the purpose of sharing your User Content with parties you designate, for the purpose of providing the Software to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or mediaconditions herein. You agree that we are not responsible for any use or disclosure of Your Content by other Users or any third party who gains access to it through the Service (which may include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Softwareunintended activities by third parties, except that such as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULAhackers). You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such you own all proprietary rights in Your Content or, with respect to any of Your Content you do not own, that you have the full authority and right to create, upload, store and/or transmit Your Content, and to grant the licenses and rights you have granted in this Agreement, and that your creation, uploading, storage and/or transmission of Your Content, and the exercise by us and other Users of the licenses and rights granted by you herein, shall not infringe any third party intellectual property or proprietary rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous, vulgar, profane or obscene, nor violate any law or other right, privilege or interest of any third party. We do not control User Content, and we are not responsible for its content, accuracy or reliability. We are under no obligation to edit or control User Content, although we reserve the right to review, and take certain actions with respect to, User Content will not violate any in accordance with this Agreement, including the Privacy Policy and the Insurance Documentation (each as defined below). On termination of the unauthorized activities described herein. GitKraken mayyour account, but is not required nor has any or this Agreement, we have no obligation to, monitor, police or remove, in whole or in part, to return any User Content or other information submitted by to you, so you or should retain copies of all of Your Content. In addition to and without limiting any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, rights herein (including in the discretion of GitKraken: • DefamesPrivacy Policy and the Insurance Documentation), abuses, harasses, stalks, threatens, or otherwise violates you also grant us the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access de-identify Your Content (i.e., to remove your accountname and other identifying characteristics, your ability to post to or use the Software; consistent with applicable laws and regulations), (ii) refuseuse or disclose de-identified data for any purpose, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, allow us to share de-identified data with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activityparties.
Appears in 1 contract
Sources: Terms of Service
User Content. To the extent purchasedThe Platform may enable you and others to submit reviews, certain features of the Software are provided on a hosted basis to you (the “Hosted Features”). Subject to the terms and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messagesratings, comments, and photos, videos, or other content or material that you submit, upload, or create on or through the Hosted Features (“User Content”), including its legality, reliability and appropriateness. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you post, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree acknowledge that you are solely responsible for any User Content you post, submit, or link; that you will only do so for User Content that you have the right to take such action; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissionsyour User Content is not confidential or proprietary to you, and others may access or use your User Content. You hereby grant will only submit User Content if: you are the sole author and owner of all rights to GitKrakenthe User Content or have all necessary permissions; your submission is in accordance with these Terms and any other guidance we provide on the Platform; and your submission complies with all applicable laws and regulations. We retain sole discretion to remove any User Content from our Platform for any reason. You will not submit User Content that may cause injury to any person or entity; is false or misleading; infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights; violates anyone’s rights to privacy or publicity; violates any law or regulation; includes content or links to content that could be considered defamatory, libelous, knowingly false, fraudulent, indecent, violent, obscene, profane, hateful, racially or religiously biased, threatening, or harassing; is inconsistent with the safe and proper use of any Whirlpool product or service; or promotes commercial activities and/or sales without our prior written consent. Other than your personal information (e.g., your name, address, and its Affiliatesemail address), you grant us and our authorized third-party affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-uptransferable license to your User Content, worldwide license (including any username or social media handle you used when submitting the User Content. This includes the right to sublicense through multiple tiers) to use, reproducecopy, processmodify, adapt, display, modify, prepare derivative works, publish, transmit and translate, transform, create derivative works from, sell, and/or distribute your User Content, or any portion thereof for the purpose of sharing . You acknowledge that all your User Content may be used and shared by us with parties third parties. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM, YOUR USER CONTENT, OTHERS’ USER CONTENT THAT YOU CHOOSE TO USE, AND ANY CONSEQUENCES THEREOF. Social Media We welcome you designate, for the purpose of providing the Software to you, share User Content and for improving GitKraken’s information about our products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or through social media. You agree not When you use social media to include any personally identifiable information in your User Content. This license does not share Platform content, you grant GitKraken us the right to sell User Content nor reproduce and publish your social media posting and to use the right to otherwise distribute or use your User Content outside of our provision of username / social media handle that you used when sharing the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULAcontent. You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that complying with the User Content you upload is licensed under terms that grant these permissions to other GitKraken usersand conditions of social media platforms.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, in whole or in part, any User Content or other information submitted by you or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activity.
Appears in 1 contract
Sources: Terms of Use
User Content. To the extent purchasedYou retain your rights in Your Content, certain features of the Software are provided on a hosted basis to you (the “Hosted Features”). Subject subject to the terms rights granted below and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features our rights in connection with the Software for your internal business purposes. You agree Our Property (as follows:
1. You may create or upload User Content while using the Software. You are responsible for the information, data, messages, comments, and other content or material that you submit, upload, or create on or through the Hosted Features (“User Content”defined below), including its legality, reliability and appropriateness. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you post, upload, link to or otherwise make available via the Software, regardless of the form of that content.
2. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any User Content you post, submit, or link; that you will only do so for User Content that you have the right to take such action; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You hereby grant and agree to GitKraken, and its Affiliates, grant us a perpetual, irrevocableworldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully fully-paid-up, worldwide license (including transferable license, with the right to sublicense through multiple tiers) , to usecopy, reproduceedit, processmodify, adapt, displaypublish, modifytransmit, distribute, prepare derivative works, publishperform, transmit display and distribute your User Contentto otherwise use in any manner, Your Content in connection with operation and promotion of the Service and any other purposes reasonably related to the Service or our business. To the extent reasonably necessary or appropriate to effect or support the license granted by you above, you hereby waive and agree to waive (or if not waivable, agree not to assert) any rights of privacy or publicity, or any portion thereof for the purpose of sharing your User Content moral rights or other similar rights, with parties you designate, for the purpose of providing the Software respect to you, and for improving GitKraken’s products and services. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or mediaYour Content. You agree that we are not responsible for any use or disclosure of Your Content by other Users or any third party who gains access to it through the Service (which may include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Softwareunintended activities by third parties, except that such as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULAhackers). You ▇▇▇▇▇ each user you have shared, or if shared in a public area, all users of the Software a nonexclusive, worldwide license to use, display, and perform your User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such you own all proprietary rights in Your Content or, with respect to any of Your Content you do not own, that you have the full authority and right to create, upload, store and/or transmit Your Content, and to grant the licenses and rights you have granted in this Agreement, and that your creation, uploading, storage and/or transmission of Your Content, and the exercise by us and other Users of the licenses and rights granted by you herein, shall not infringe any third party intellectual property or proprietary rights, nor violate any rights of privacy or publicity. We do not control User Content, and we are not responsible for its content, accuracy, or reliability. We are under no obligation to edit or control User Content, although we reserve the right to review, and take certain actions with respect to, User Content will not violate any of in accordance with this Agreement, including the unauthorized activities described hereinPrivacy Policy (as defined below). GitKraken may, but is not required nor has any obligation to, monitor, police or removeIn the event that we deem, in whole or in partour sole discretion, any User Content or other information submitted by you or any other user that it determines in its sole discretion is in violation to be inconsistent with the terms of this Agreement or would otherwise cause GitKrakenAgreement, its users, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or usersPrivacy Policy, or any other third party. • Uses raciallyrules or policies we may publish from time to time, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission we may remove such User Content from the owner. • Disseminates any unsolicited or unauthorized advertisingService, promotional materialsincluding incomplete posts, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’duplicate posts, or any other form User Content we deem, in our sole discretion, to be misleading or otherwise inappropriate. On termination of such solicitationyour account, or this Agreement, we have no obligation to return any User Content to you, so you should retain copies of all of Your Content. • Uses In addition to and without limiting any robotother rights herein (including in the Privacy Policy), spider, scraper or other automated means you also grant us the rights to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access de-identify Your Content (i.e., to remove your accountname and other identifying characteristics, your ability to post to or use the Software; consistent with applicable laws and regulations), (ii) refuseuse or disclose de-identified data for any purpose, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, share de identified data with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activityparties.
Appears in 1 contract
Sources: Terms of Service
User Content. To the extent purchasedThe App may, certain features of the Software are provided from time to time, allow you to submit user-generated content such as your own sheet music or annotations on a hosted basis existing sheet music (User Content) and may also allow you to you communicate that content, either to selected recipients or in public or semi-public areas, such as comments pages or discussion forums (the “Hosted Features”collectively, User Content Areas). Subject to the terms and limitations of this ▇▇▇▇ and the terms of your Proof of License, including the payment of applicable fees, GitKraken hereby grants you during the license term a non-exclusive, non-transferable license, without the right to sublicense, to access and use the Hosted Features in connection with the Software for your internal business purposes. You agree as follows:
1. You may create or upload We do not control User Content while using the Softwaresubmitted, nor are User Content Areas actively moderated. You are solely responsible for User Content as submitted by you and acknowledge that all User Content expresses the informationviews of its respective authors and not our views. If you submit any User Content, data, messages, comments, you must keep it relevant to the purpose of the User Content Area to which you submit it and other content or material the nature of any topic. You also warrant that you submit, upload, or create on or through have the Hosted Features (“User Content”), including its legality, reliability and appropriateness. You may not upload, post or otherwise make available through the Software any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any to submit all User Content submitted by you (for example, that you posthave the rights to upload any sheet music uploaded by you to the nkoda Service). User Content must not: • contain, uploadtransmit, distribute, link to or otherwise make available via the Softwareavailable, regardless or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of the form any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, isobscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that content.
2does not comply with all applicable laws and regulations or is otherwise objectionable ("Prohibited Content"); • impersonate any person or entity or otherwise misrepresent your relationship with any person or entity; • contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other forms of solicitation (spam); or • transmit or distribute any virus and/or other code that has contaminating ordestructive elements. You retain ownership of and responsibility for your User Content. If you’re posting anything you did not create yourself or do not own the rights toagree that, you agree that you are responsible for by submitting any User Content you post, submit, or link; that you will only do so for User Content that you have the right to take such action; and that you will fully comply with any third party licenses relating to your User Content. Because you retain ownership of and responsibility for your User Content, GitKraken requires certain legal permissions. You hereby you grant to GitKraken, us and its Affiliates, our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, free and fully paidsub-up, worldwide license (including the licensable right to sublicense through multiple tiers) and licence to use, reproduce, processmodify, adapt, display, modify, prepare derivative works, publish, transmit translate, create derivative works from, distribute, perform and distribute your display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Content. Whilst we do not pre-screen User Content, we reserve the right, in our sole discretion, to delete, edit or modify any portion thereof for the purpose of sharing your User Content with parties submitted by you designateand/or to close any discussion topic, for the purpose of providing the Software at any time without notice to you, and for improving GitKraken’s products and services. We may modify or adapt your Complaints about the content of any User Content in order must be sent to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You agree not to include any personally identifiable information in your User Content. This license does not grant GitKraken the right to sell User Content nor the right to otherwise distribute or use your User Content outside of our provision of the Software, except that as part of the right to archive User Content, GitKraken may permit our service providers to store and archive User Content in repositories on our behalf.
3. Any User Content you post publicly or through any of the Software’s interactive features, including issues, comments, and contributions to other users’, may be viewed by others. By using any of these interactive features or services, you agree to allow others to view your User Content and such content is not subject to the confidentiality provisions set forth in this EULA. You ▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ each user you have shared, or if shared in a public area, all users and must contain details of the Software a nonexclusive, worldwide license to use, display, and perform your specific User Content through the Software. If you are uploading User Content you did not create or own, you are responsible for ensuring that the User Content you upload is licensed under terms that grant these permissions to other GitKraken users.
4. You agree to pay for all royalties, fees, expenses (including reasonable attorney’s fees), damages and any other monies owing any person by reason of any User Content posted by you to or through the Software. By providing User Content, you represent and warrant that such User Content will not violate any of the unauthorized activities described herein. GitKraken may, but is not required nor has any obligation to, monitor, police or remove, in whole or in part, any User Content or other information submitted by you or any other user that it determines in its sole discretion is in violation of this Agreement or would otherwise cause GitKraken, its users, or third parties harm.
5. You shall not submit, provide or transmit through the Software, and shall not permit any of your users to, any User Content or other information that, in the discretion of GitKraken: • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of GitKraken, its Affiliates or users, or any other third party. • Uses racially, ethnically, or otherwise offensive language. • Discusses or incites illegal activity. • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated). • Exploits children or minors or that depicts cruelty to animals or otherwise exposes GitKraken or its Affiliates to any liability. • Is copyrighted or trademarked materials without obtaining the prior express permission from the owner. • Disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. • Uses any robot, spider, scraper or other automated means to access the Software. • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. • Alters the opinions or comments posted by others. • Is false or misleading. • Is unrelated to our business, products or services or contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GitKraken reserves the right to: (i) terminate or suspend access to your account, your ability to post to or use the Software; (ii) refuse, delete or remove any User Content; and (iii) take any other action GitKraken deems appropriate, with or without cause and with or without notice, for any reason or no reason, or for any action that GitKraken determines is inappropriate or disruptive giving rise to the Software or to any other user of the Software, all as determined in its sole and absolute discretion. You agree that GitKraken shall not be liable to you or any third party for any such action. GitKraken may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GitKraken’s sole discretion, GitKraken will cooperate with law enforcement agencies in any investigation of your or your user’s alleged illegal activitycomplaint.
Appears in 1 contract
Sources: Licensing Agreement