Terms
TERMS OF USE
1. Introduction
1.1 This acceptable use policy (the "Policy") sets out the rules governing:
(a) the use of the website at www.eblity.com, any successor website, and the services available on that website or any successor website (the "Services"); and
(b) the transmission, storage and processing of content by you, or by any person on your behalf, using the platform ("Content").
1.2 References in this Policy to "you" are to any customer for the Services and any individual user of the Services (and "your" should be construed accordingly); and references in this Policy to "us" are to identify provider (and "we" and "our" should be construed accordingly).
1.3 By using the Services, you agree to the rules set out in this Policy.
1.4 We will ask for your express agreement to the terms of this Policy before you upload or submit any Content or otherwise use the Services.
2. Account
2.1 You would need to have an account with Eblity (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:
(a) If you are an individual, you are at least 18 years of age.
(b) If you are representing a company, organization, or any other legal entity (“Entity”), you have the authority to bind the Entity to these Terms.
(c) You are capable of entering into and performing legally binding contracts under applicable law.
(d) All information which you provide is accurate, up to date, truthful and complete.
2.2 If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
2.3 You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:
(a) Keep your password secure.
(b) Keep your account information up to date at all times.
2.4 Comply with all applicable laws with respect to your activities and the Content which you upload to the Services.
2.5 Unless expressly permitted by Eblity and subject to these Terms and any other additional terms as Eblity determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission.
3. General usage rules
3.1 You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
3.2 You must not use the Services:
(a) in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
(b) in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.
3.3 You must ensure that all Content complies with the provisions of this Policy.
4. Unlawful Content
4.1 Content must not be illegal or unlawful, must not infringe any applicable law and regulations or any person's legal rights, and must not be capable of giving rise to legal action against us or any person (in each case in any jurisdiction and under any applicable law).
4.2 Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade-mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) constitute a breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) constitute a breach of official secrets legislation; or
(k) constitute a breach of any contractual obligation owed to any person;
(l) breach of any applicable laws or regulations.
4.3 You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.
5. Graphic material
5.1 Content must be appropriate for all persons who have access to or are likely to access the Content in question, and in particular for children over 12 years of age.
5.2 Content must not depict violence in an explicit, graphic or gratuitous manner.
5.3 Content must not be pornographic or sexually explicit.
6. Factual accuracy
6.1 Content must not be untrue, false, inaccurate or misleading.
6.2 Statements of fact contained in Content and relating to persons (legal or natural) must be true; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.
7. Negligent advice
7.1 Content must not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other professional advice, and you must not use the Services to provide any legal, financial, investment, taxation, accountancy, medical or other professional advisory services.
7.2 Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.
8. Etiquette
8.1 Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
8.2 Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.
8.3 Content must not be liable to cause annoyance, inconvenience or needless anxiety.
8.4 You must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.
8.5 You must not use the Services for the purpose of deliberately upsetting or offending others.
8.6 You must not unnecessarily flood the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.
8.7 You must ensure that Content does not duplicate other content available through the Services.
8.8 You must ensure that Content is appropriately categorised.
8.9 You should use appropriate and informative titles for all Content. 8.10 You must at all times be courteous and polite to other users of the Services.
9. Marketing and spam
9.1 You must not without our written permission use the Services for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.
9.2 Content must not constitute or contain spam, and you must not use the Services to store or transmit spam - which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.
9.3 You must not send any spam or other marketing communications to any person using any email address or other contact details made available through the Services or that you find using the Services.
9.4 You must not use the Services to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, "get rich quick" schemes or similar letters, schemes or programs.
9.5 You must not use the Services in any way which is liable to result in the blacklisting of any of our IP addresses.
10. Regulated businesses
10.1 You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.
10.2 You must not use the Services for any purpose relating to the offering for sale, sale or distribution of drugs or pharmaceuticals.
10.3 You must not use the Services for any purpose relating to the offering for sale, sale or distribution of controlled and prohibited items under police licensing and regulatory department such as knives, guns or other weapons.
11. Monitoring
11.1 You acknowledge that we may actively monitor the Content and the use of the Services.
12. Data mining
12.1 You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.
13. Hyperlinks
13.1 You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.
14. Harmful software
14.1 The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.
14.2 The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.
15. Copyright Notice
15.1 If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) your contact information, including your address, telephone number, and an email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and that you are authorised to act on behalf of the copyright owner.
15.2 We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.
15.3 Our email address for notice of alleged copyright infringement is [email protected].
16. No Guarantee
16.1 WE MAKE NO GUARANTEE THAT ANY SERVICES ARE SUITABLE FOR A PARTICULAR PURPOSE, NOR THAT ANY SERVICES OR INFORMATION PROVIDED BY US IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.ALL CONTENT PROVIDED ON OR THROUGH YOUR USE OF ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.WHILE WE MAKE EVERY EFFORT TO ENSURE QUALITY, WE MAKE NO WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES AND CONTENT WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF THE SERVICES OR OTHER CONTENT OBTAINED WILL MEET YOUR EXPECTATIONS.IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT PAID TO US, IF ANY, IN THE PRECEDING 12 (TWELVE) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
