Certain features of the website may be subject to additional guidelines, terms, or rules, which will be posted on the website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
Claims Regarding Copyright Infringement Policy (“Copyright Policy”) relating to this website and the Services (collectively, this “Agreement”) are displayed here. By accessing and/or using the website or the Services, you accept and agree to be legally bound by this Agreement, as it may be amended or supplemented from time to time, and agree to all operating rules, terms, conditions, policies, and procedures that may be published on this website or in connection with the Services. All such rules, terms, conditions, policies, and procedures are incorporated into this Agreement by this reference. We may change, add or remove portions of this Agreement at any time, and if we do so, we will post such changes on the website and the changes will become immediately effective, and your continued use of the website will indicate your acceptance of this Agreement as it is then in effect. Accordingly, you should visit this website from time to time to review the then-current and effective terms and conditions because they are legally binding on you.
1. Use Of The Website
General Licence : If you have not registered for the Services, The Salesmark hereby grants to you a revocable, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use only those portions of the website and/or the Services accessible to trial users approved by The Salesmark without a password or login for your personal research use, subject to this Agreement. In order to use the Services, you must provide and maintain adequate communications and computer equipment and obtain access to the World Wide Web directly or through devices that access web-based content. As a condition to your use of this website and/or the Services, you agree to comply with the terms and conditions set forth below and all other terms and conditions of this Agreement.
Account Creation : For you to use the website, you have to start an account and provide information about yourself. You warrant that: (a) all required registration information you submit is truthful, up-to-date and accurate; (b) you will maintain the accuracy of such information.
You may delete your Account at any time by following the instructions on the website. Company may suspend or terminate your Account on the basis of these terms and conditions.
Account Responsibilities : You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You approve to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account. The company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Access To The Website
Certain Restrictions: The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the website; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the website; (c) you shall not access the website in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the website shall be subject to these Terms. All copyright and other proprietary notices on the website must be retained on all copies thereof.
The company reserves the right to change, suspend, or cease the website with or without notice to you. You approved that the Company will not be held liable to you or any third-party for any change, interruption, or termination of the website or any part.
No Support or Maintenance: You agree that the Company will have no obligation to provide you with any support in connection with the website.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the website and its content, are owned by Company or Company’s suppliers. Note that these Terms and access to the website do not give you any rights, title or interest in or to any intellectual property rights. Company and its suppliers’ reserve all rights not granted in these Terms.
3. User Content
“User Content” comprises of any and/or all information/content that a user submits to the website. You are exclusively responsible for your User Content. You bear all risks associated with the use of your User Content. You hereby, certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by the Company. Because you are responsible for your User Content, you may expose yourself to liability. The company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to the Company an irreversible, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sub-licenses of the foregoing rights, solely for the purposes of including your User Content in the website. You hereby irreversibly waive any claims and assertions of moral rights or attribution for your User Content.
Acceptable Use Policy:
The following terms constitute our “Acceptable Use Policy”: You agree not to use the website to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that violates any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the website any software intended to damage or alter a computer system or data; (ii) send through the website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the website to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the website, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the website, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the website; or (vi) use software or automated agents or scripts to produce multiple accounts on the website, or to generate automated searches, requests, or queries to the website.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account following Section 8, and/or reporting you to law enforcement authorities.
If you provide the Company with any feedback or suggestions regarding the website, you hereby assign to Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. The company will treat any Feedback you provide as non-confidential and non-proprietary.
You agree to indemnify and hold the Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the website, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. The company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
4. Third-Party Links & Ads; Other Users
The website may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. The company provides access to these Third-Party Links & Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Each website user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any website user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the website. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
5. Prohibited Uses
You may not, nor may you permit, authorize or encourage others to: (a) store in any information retrieval system, transfer, publish, distribute, display to others, broadcast, sell, or sub-license the Services, or any portion of the website or the Services; (b) use the Services to develop any database, database service (online or otherwise), or other information resource in any medium (print, electronic or otherwise, now existing or developed in the future) for sale or license to or use by others; (c) remove, disable, or defeat any functionality in the Services designed to limit or control access to or use of the Services or to protect the rights of The Salesmark or its licencors as copyright owners; (d) use the Services for the benefit of any third party, including without limitation, in an outsourcing or time-sharing arrangement, or in the operation of a service bureau; (e) sell, lease, sub-license, distribute, or otherwise transfer the Services to any person, firm, or entity; (f) decompile, disassemble create or attempt to create, by reverse engineering or otherwise, the source code from any object code accessible as part of the website or Services; (g) use this website or its Services in any other inappropriate, objectionable, harmful or illegal manner; or (h) use, copy or otherwise access any restricted-access portion of the website, the Services or any content or materials contained in any such area of the Services for which you have not been licensed and invoiced by us. If for any reason, you access or permit others to access any such content or materials which have not been licensed to you, these terms and conditions apply to your use of such content and materials and you agree to pay all applicable charges. If you are accessing the Services described in Section 1.2 above, your use shall also be governed by the terms of your applicable Access Agreement or other agreement.
6. Prohibited Activities
You are responsible for all your activities and those authorized users you permit to access the website and/or the Services through your facilities in accordance with your Access Agreement or other agreement, if applicable. You may not violate or attempt to violate the security of the website and/or the Services. Accordingly, you shall not (a) circumvent or attempt to circumvent any security measures designed to control access to the website and/or the Services or in any way obtain or attempt to obtain unauthorized access to or use of any elements or portion of the website and/or the Services; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (e) use this website and/or the Services to infringe the intellectual property rights of others in any way – be advised that it is our policy to terminate the accounts of repeat infringes of copyright; (f) use this website and/or the Services or make any attempt to penetrate, modify or manipulate this website and/or the Services or any of The Salesmark’ hardware or software in order to: invade the privacy of, obtain the identity of, or obtain any personal information about any third party; (g) attempt to interfere with service to any user, host or network, including without limitation, by submitting any harmful code, Trojan horse, worm or virus to the website and/or the Services, any denial of service attack, overloading, mailbombing or attempted crashing of the website and/or the Services or the software or hardware used in providing the website and/or the Services; (h) spoof or otherwise impersonate any individual or entity, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting; (i) create “deep links” into pages other than the front page of the website; or (j) assist or permit any persons in engaging in any of the activities described above.
7. Consequences Of Unacceptable Use
We reserve all rights, including without limitation the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit and/or criminal prosecution for any alleged or actual illegal activities involving this website and/or any of the Services, as well as the right to terminate your access to the website and/or the Services.
8. Privacy and Information, You Submit
9. Passwords Security
In order to access certain Services offered through the website, you may be required to pay fees and/or accept additional terms and conditions and in such event, you may be provided with a number, code, or other sequence or other access information that provides you with access to certain restricted Services (the “ID” ) and to your account (the “Password” ). You are the sole and exclusive owner of the Password and ID combination. In no event will you disclose to anyone such Password or ID and you agree to treat all such information as strictly confidential at all times. Maintaining the confidentiality and security of your Password and ID is solely your responsibility. You are fully responsible for the use and protection of the Password and ID and for all transactions undertaken by means of any account opened, held, accessed or used via your Password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including, without limitation any loss, theft or unauthorized use of your Password(s), IDs and/or account number(s). If we have reasonable grounds to suspect that the security of your Password has been compromised, we have the right to suspend or terminate your account, refuse any and all current or future use of the Services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID. You shall notify The Salesmark by email at email@example.com of any known or suspected unauthorized use of the Services, of any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized use of your password or ID.
BY USING OR ACCESSING THIS WEBSITE AND/OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND THESE TERMS OF SERVICE.
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