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.
Customer Content You own and reserve all right, title and interest in your Customer Content. By sending Customer Content to a Hosted Service, you grant us a worldwide, royalty free, non-exclusive license to access and use the Customer Content for purposes of providing you the Hosted Service.
Links If The Services are made available through the Internet, the Financial Institution’s website may provide links to other websites, including those of Third Parties who may also provide services to You. You acknowledge that all those other websites and Third Party services are independent from the Financial Institution’s and may be subject to separate agreements that govern their use. The Financial Institution and Central 1 have no liability for those other websites or their contents or the use of Third Party services. Links are provided for convenience only, and You assume all risk resulting from accessing or using such other websites or Third Party services.
THIRD PARTY WEBSITES AND CONTENT The Website contains (or you may be sent through the Website or the Company Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. Company reserves the right but does not have the obligation to: