GrandPad may enter a services agreement with an organization desiring to obtain the GrandPad Service for the organization's employees, agents, customers, or other third parties as the organization determines. If the GrandPad Service is provided to you pursuant to such an agreement, the subscription fees and other terms of the services and any other related agreement will supersede any conflicting provisions of these Terms.
Neither the GrandPad Service nor the information through the GrandPad website is intended to constitute medical or professional advice. Please contact your medical professional if you have a question about your health or the appropriate care for your medical condition. The information provided through our website and the GrandPad Service is for informational purposes only and is not intended to provide medical information or recommendations. Neither GrandPad nor any of its directors, shareholders, officers, employees, agents or representatives, licensees or suppliers provide any advice as to the appropriateness or advisability of the GrandPad Service. If you are concerned with the use of or dissatisfied with the GrandPad Service, please immediately discontinue use of the GrandPad Service.
No Warranty. The information provided through the GrandPad Service is believed to be accurate, but neither we nor our licensees nor our suppliers warrant or guarantee such accuracy. THE INFORMATION AND THE GRANDPAD SERVICE, INCLUDING WITHOUT LIMITATION ALL DOCUMENTATION FOR THE GRANDPAD SERVICE, IS SUBJECT TO CHANGE WITHOUT NOTICE. THE GRANDPAD SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT GRANDPAD HAS NO OBLIGATION FOR ANY ERRORS OR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE GRANDPAD SERVICE OR THE INFORMATION PROVIDED THROUGH THE GRANDPAD SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, WHILE WE MAY AGREE TO REFUND THE PURCHASE PRICE FOR THE GRANDPAD SERVICE, GRANDPAD, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS AND SHALL HAVE NO OTHER LIABILITY OR WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE GRANDPAD SERVICE, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY UNDER THESE TERMS WILL BE SOLELY AS PERMITTED UNDER THESE TERMS. GRANDPAD DOES NOT WARRANT OR REPRESENT THAT THE GRANDPAD SERVICE, OR ANY INFORMATION PROVIDED ARE ACCURATE, ERROR-FREE OR RELIABLE OR THAT YOUR USE OF THE GRANDPAD SERVICE, OR THE INFORMATION WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. GRANDPAD IS NOT RESPONSIBLE FOR COSTS OR ANY DAMAGES THAT RESULT FROM RELIANCE ON OR USE OF THE INFORMATION OR THE GRANDPAD SERVICE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply.
Ownership, IP. The GrandPad Service, and all information provided through it, and all derivatives shall be and remain the property of GrandPad or its suppliers. Information includes all information such as the "look and feel" of the GrandPad Service, the data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files part of the GrandPad Service. You shall have no rights or interests therein except as set forth in these Terms. You agree to notify GrandPad immediately in writing of any claim made regarding the GrandPad Service and to cooperate as reasonably necessary, at our expense, in the defense and settlement of such claim. You acknowledge and agree that the GrandPad Service is provided on a subscription basis by GrandPad. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the GrandPad Service or the information provided therein. The GrandPad Service is owned by GrandPad and/or licensed from its suppliers and licensors and is provided in conformance to our obligations under any such license terms.
User Account. GrandPad requires you to create a user account to use the GrandPad Service. If you are under the age of 18, we require that you inform your parent or guardian and have their consent to open a user account. You may update your user account as specified on our website.
Rights. GrandPad is the owner, or an authorized reseller or licensee, of the GrandPad Service. The GrandPad Service is provided on a subscription basis on an “AS IS” and “AS AVAILABLE” basis. We reserve the right to not sell the GrandPad Service to you if you request delivery to a country that is at war, or subject to a Force Majeure event, or that is currently under sanctions by the United Nations or sanctions or an embargo by the United States. The GrandPad Service is delivered pursuant to a shipment contract and that means that risk of loss and title for such GrandPad Service passes to you upon our delivery to the carrier.
Mobile Access. GrandPad allows you to access the GrandPad Service only for your own purposes in accordance with these Terms. Any use through or access to the GrandPad through a mobile device (i.e. an iPhone or iPad) is only as permitted by the applicable usage rules set forth in the mobile device’s related application store (i.e. App Store Terms of Service for an iPhone/iPad or an Android device is only as permitted by such Android device’s terms) which you acknowledge that you have had an opportunity to review.
Restrictions. Except as otherwise permitted under these Terms, you shall not (and shall not assist any third party to):
- Send spam or any other form of duplicative and unsolicited messages, other than marketing and promotional messages, to any third party or other users using through the GrandPad Service;
- Harvest, collect, gather or assemble information or data regarding other users of the GrandPad Service without their consent;
- Transmit through or post on the GrandPad Service unlawful, libelous, tortuous, infringing, defamatory, threatening, vulgar, or obscene material or material that may be harmful to minors;
- Knowingly transmit material containing software viruses or other harmful or deleterious computer code, files, scripts, agents, or programs;
- Knowingly interfere with or disrupt the integrity or performance of the GrandPad Service or the data contained therein or attempt to gain unauthorized access to the GrandPad Service, computer systems or networks related to the GrandPad Service;
- Decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization) from the GrandPad Service or from any other information by any means whatsoever;
- Distribute, disclose or allow use of any of the GrandPad Service in any format through any timesharing device, service bureau, network or by any other means, to or by any third party;
- Violate the license grant provided pursuant to these Terms;
- Create Internet "links" to or from the GrandPad Service, or "frame" or "mirror" any of our content which forms part of the GrandPad Service; or
- Modify or create a derivative work of the GrandPad Service or any portion thereof.
Charges; Shipping. Unless you acquire the GrandPad Services through another licensee, you are responsible for paying the subscription fees, shipping charges and any tax for the GrandPad Service as noted on our website’s shopping cart or final sales page, along with any applicable sales or value added taxes. You shall not be liable for any taxes based on our net income. Payments may be made in the currencies and via the payment methods specified on our website’s shopping cart or final sales page. You acknowledge that you shall be solely liable for any customs charges. Any shipping options will be as noted on our website’s shopping cart or final sales page.
Credit Card Payments. If you elect to pay for the GrandPad Service by credit card, you are responsible for providing a valid credit card number at the time you pay. You represent and warrant that you are an authorized user of the credit card number provided, and you agree to pay all charges resulting from your purchases of the GrandPad Service, including any unauthorized charges incurred prior to your notice to GrandPad of such charges. You agree that we may pass your credit card information and personally identifiable information to our designated service provider(s) to process the credit card payment for the purchase of the GrandPad Service. We will comply, and will ensure that our designated services provider(s) comply, with any credit card processing rules and privacy regulations.
Shipping Information. Please make sure that the shipping address is correct, as we are unable to re-direct orders once shipped. Please note that before we can ship the equipment for the GrandPad Service, we may need to confirm your security or other details with your credit card issuer. To avoid delays to your order, please ensure that your billing address matches the address on your card statement, and that the cardholder's name is entered as it appears on the card. Please also ensure that your contact details in your user account are accurate so that we can contact you if necessary.
Passwords/Security. You shall be solely responsible for the security, confidentiality and integrity of all messages and the information that you receive, transmit or store via the GrandPad Service and/or your user account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your account or your password. You agree to bear all responsibility for the confidentiality of your user account and password and all use or charges incurred from use of the GrandPad Service with your user account and password.
Access Limitations. You shall be solely responsible for providing, maintaining and ensuring compatibility with the GrandPad Service access requirements, all hardware, software, electrical or other physical requirements for your use of the GrandPad Service, including without limitation, telecommunications and Internet service provider access, connections, links, web browsers or other equipment, programs and services required to access the internet or to use the GrandPad Service. You acknowledge and agree that from time to time the GrandPad Service may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions, (ii) periodic maintenance or repairs; or (iii) other causes beyond our control. Additionally, because the GrandPad Service is accessed via the Internet or a mobile carrier, you may have connection issues due solely to your own Internet or telecommunications service provider or other technological access requirements. We are not responsible for any third party access requirements (e.g. your ISP).
Third Party Software. The GrandPad Services software is developed for and based primarily on the current release of the Android® open-source mobile operating system software. Most Android software components are licensed by GrandPad under the Apache 2.0 software license. You can obtain a current copy of the Apache license at http://www.apache.org/licenses.
Open Source. The Services also include other free or open source software components licensed under other license agreements. The Android software and other free or open source software components included with the Services are referred to in the remainder of this section as the "Open Source Software." All Open Source Software files contain the original copyright notices and license information provided by the copyright owners. GrandPad hereby grants you a sublicense to use the Open Source Software with the same rights and subject to the same restrictions as apply to GrandPad. The Open Source Software is provided for no additional charge. GrandPad will not use any Open Source Software if doing so would interfere with your use of the Services or result in a known violation of the intellectual property rights of the User or any third party. GrandPad maintains a current record of all Open Source Software components and applicable license agreements. GrandPad will provide Users copies of or access to the applicable Open Source Software licenses upon written request.
Third Party Service Providers. You acknowledge that GrandPad contracts with third party development, application and data hosting, wireless network services, payment processing, and other technology services providers to provide the Services functionality ("Third Party Providers"). For example, all User Data and User Content is stored at computer data centers operated and maintained by Third Party Providers. GrandPad is responsible for ensuring that the Third Party Providers abide by the these Terms. GrandPad is solely responsible for monitoring and supervising all necessary work of the Third Party Providers.
Limitations On Liability
Limitations On Liability For Third Party Providers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WITH ANY OF THE THIRD PARTY PROVIDERS, INCLUDING OUR WIRELESS NETWORK SERVICES PROVIDERS AND THEIR AFFILIATES AND CONTRACTORS, AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN GRANDPAD AND ANY THIRD PARTY PROVIDER, INCLUDING ALL WIRELESS NETWORK CARRIERS. IN ADDITION, YOU ACKNOWLEDGE THAT ALL THIRD PARTY PROVIDERS, INCLUDING OUR WIRELESS NETWORK SERVICE PROVIDERS AND THEIR AFFILIATES AND CONTRACTORS, SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO ANY USER, AND YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL CLAIMS OR DEMANDS OF SUCH NATURE. YOU ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY SERVICE PROVIDERS, INCLUDING ANY THIRD PARTY MOBILE APPLICATION STORE PROVIDERS, (COLLECTIVELY “THIRD PARTY PROVIDERS”) HAVE NO OBLIGATION FOR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE GRANDPAD SERVICE AND/OR INFORMATION PROVIDED UNDER THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WHILE SUCH THIRD PARTY PROVIDERS MAY AGREE TO REFUND THE FEES PAID FOR THE GRANDPAD SERVICE AND/OR INFORMATION PROVIDED UNDER THESE TERMS, SUCH THIRD PARTY PROVIDERS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHALL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE GRANDPAD SERVICE AND/OR INFORMATION PROVIDED, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY UNDER THESE TERMS WILL BE SOLELY AS PERMITTED UNDER THESE TERMS.
Damage Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRANDPAD OR ITS SUPPLIERS (WHICH INCLUDE THIRD PARTY PROVIDERS) OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LITIGATION, OR ANY OTHER PECUNIARY LOSS, INCLUDING LOSS OF GOODWILL OR REPUTATION, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GRANDPAD SERVICE, WITH THE DELAY OR INABILITY TO USE OR WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE THE GRANDPAD SERVICE OR INFORMATION PROVIDED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GRANDPAD, ITS SUPPLIERS AND AGENTS SHALL BE LIABLE ONLY TO THE EXTENT OF VERIFIABLE, ACTUAL DAMAGES INCURRED BY YOU DIRECTLY RELATED TO THE FEES YOU PAID FOR GRANDPAD SERVICE SUBJECT TO THE REFUNDS TERMS. YOU ACKNOWLEDGE AND AGREE THAT NEITHER GRANDPAD NOR ITS SUPPLIERS OR AGENTS ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE OR THE GRANDPAD SERVICE. Any claims arising in connection with your use of the GrandPad Service must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. If you are dissatisfied with the GrandPad Service, your sole and exclusive remedy shall be the limited refund right and for you to discontinue use of the GrandPad Service.
Bargained For Basis. You acknowledge and agree that the limitations of liability set forth above are fundamental elements of these Terms and neither the information nor the GrandPad Service would be provided to you absent such limitations of liability.
Links. GrandPad may include hyperlinks on the GrandPad Service to other websites or resources operated by third parties, including advertisers. GrandPad has not reviewed all of the sites linked to the GrandPad Service and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, products or services available on such external websites or resources.
Your Responsibility. You understand that you are solely responsible for (and that GrandPad has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which GrandPad may suffer) of any such breach.
Compliance with Law. You agree that you will not use the GrandPad Service for activities prohibited by state, federal, or your country’s law or other applicable rules or regulations. You represent and warrant that: (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. GrandPad makes no claims regarding the GrandPad Service outside of the United States. If you access the GrandPad Service from outside the United States, you do so at your own risk and are responsible for compliance with laws of your jurisdiction.
Agreement. These Terms constitute the entire agreement and understanding between you and GrandPad with respect to the subject matter hereof and supersede all prior agreements, understandings, inducements and conditions expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. These Terms shall be binding upon and inure to the benefit of you and GrandPad, our successors, and assigns. These Terms and your user account may not be assigned with our express, prior written consent which may be withheld at our sole discretion. Notices under these Terms shall be in writing and shall be deemed given when: (i) delivered personally or by respected international carrier; (ii) three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested. Notices to GrandPad shall be made through our website. GrandPad is headquartered in the State of California.
Governing Law. These Terms and the resolution of any dispute related to the terms of these Terms or the GrandPad Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Arbitration; Collection; Venue. Except as provided below, any controversy or claim arising out of or relating to these Terms will be settled by arbitration in Orange County, California, at a time and location designated by the arbitrator. Arbitration will be conducted by the American Arbitration Association in accordance with its Rules of Commercial Arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will be selected from a panel of persons having experience with and knowledge of the computer industry and technology services. Nothing herein contained will bar either party from seeking equitable remedies in a court of appropriate jurisdiction. GrandPad may charge interest on overdue undisputed amounts at the rate of 1% per month. If GrandPad successfully enforces these Terms under arbitration or court action, you must pay reasonable costs and expenses of the arbitration or other action, including reasonable attorney’s fees and costs. Any legal action related to these Terms, the Information or the GrandPad Service shall be brought in a state or federal court of competent jurisdiction sitting in Orange County, California.
No Waiver; Severability. GrandPad’s failure to insist upon strict enforcement of any provision(s) of these Terms shall not be construed as a waiver of any provision or right. Should any provision of these Terms be held invalid or unenforceable, such invalidity will not invalidate the whole of these Terms, but rather that invalid provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms will remain in full force and effect.
Copyright © 2018 by GrandPad Inc. All rights reserved.
Last revised: February 24, 2018.
Usage Terms for Music Service
- Use of Content. GrandPad Music services are provided to you via GrandPad from a third party named 7digital Limited (“7digital”) who obtains the Content via licenses with others. You acknowledge that all the Content and Preview Clips, whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content and/or Preview Clip originated. We (7digital and GrandPad, collectively) do not control or endorse the Content or any Preview Clip and you acknowledge that by using the Services you may be exposed to Content and/or a Preview Clip that is offensive and/or indecent. You agree that any Content you purchase or Preview Clips that you access through the Services are provided to you by way of license only. Except as expressly provided in these Terms of Service, 7digital will not be liable for any Content, Preview Clips or any loss or damage of any kind resulting from that use of any Content or Preview Clips transmitted via the Services and you agree to bear all risks associated with such use of any Content or Preview Clips.
- Digital Rights Management. Most Content sold via the Services is DRM-free. However, you understand that some of the Preview Clips and Content include a security framework using technology that protects digital information and limits your usage of the Preview Clips and Content to certain usage rules established by 7digital and/or its licensors (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below, and you agree that any other use of Preview Clips or Content in breach of the Usage Rules may constitute copyright infringement.
- Preview Clips. A “Preview Clip” is a portion of a song or video, or in some cases, an entire song or video that you can play (and, if applicable, view) directly from and while you are logged on to the Service on a promotional basis at no cost to you. You may play as many Preview Clips as you like. You may not attempt (or support others’ attempts) to capture, copy, or download a Preview Clip.
- Content Usage Rules.
- You are authorized to use the Content and access Preview Clips only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the maximum extent permitted by law.
- You may not use Content or any Preview Clip as a musical “ringer” in connection with mobile phone calls.
- You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Content or any Preview Clip.
- You agree that you will not use the Content or Services in whole or in part for any illegal purpose.
- The delivery of Content or Preview Clips does not transfer to you any commercial or promotional use rights in same.
- Content in the MP3 or AAC format does not contain security technology that limits your usage of such Content and you may use them as reasonably necessary for personal, non-commercial use.
- We may at any time limit the number of devices that you may access the Services from simultaneously.
- You agree that you will not (and you will not permit anyone else to):
- copy, duplicate, modify, reverse engineer, decompile or disassemble any element of the Services or Content unless explicitly permitted under applicable mandatory law;
- bypass, modify, tamper, defeat, circumvent any of the security components, special rules or other applications that protect the Services, Preview Clips and Content; or
- use any robot, spider, data minder, crawler, scraper, or other automated means to access or index the Preview Clips or Content or any portion thereof, including but not limited to any Metadata associated with the Preview Clips or Content.
- You agree that by your purchase of Content or access to Preview Clips constitutes your acceptance of and agreement to use such Content or Preview Clips solely in accordance with the Usage Rules, and that any other use of the Content or the Preview Clips may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the Content or Preview Clip (as applicable). The Usage Rules shall govern your rights with respect to the Content. We reserve the right to modify the Usage Rules for future purchases via the Services at any time. However, such changes will not apply to Content you have already purchased and downloaded. Any change to the Usage Rules will be communicated to you. In the event that you refuse to accept the Usage Rules, you will no longer be able to acquire Content from the Services.
- Your additional access to Content via the PSA.
- You may have access, to a personal storage area (“PSA”) for Content purchased via the Services, the content of which is your sole responsibility and is held on third party cloud servers and infrastructure not controlled by 7digital in geographically dispersed locations.
- We provide access to such purchased Content via the PSA free of charge and without warranty.
- .You may be allowed to stream or re-download such purchased Content. Access to previously purchased Content from the Services will be available via the PSA. Due to Licensor restrictions, access to Content via the PSA may cease (see clause 7 below)
- You acknowledge and agree that you should not rely on 7digital to back up and store any files made available via the Services to the PSA. GrandPad bears responsibility to back up and store any such files.
- We may be required by licensors to share aggregated, anonymous PSA usage information with 7digital’s content licensors and you consent to Us sharing such usage information.
- In addition to the Licensor restrictions as set out in clause 7 below we may, in our sole and absolute discretion, set a re-download, streaming, and or bandwidth implementation or other usage limitation on your usage of the PSA.
- GrandPad will obtain and maintain any and all necessary licenses and permissions in connection with your use of the PSA.
- We may be required to remove certain Content from the Service, in the event that our licensors no longer hold the necessary rights and permissions to such Content, in which case, you agree to our removing the copy of such Content from your PSA, to avoid any further infringements of intellectual property.
- Licensor Restrictions.
- You acknowledge that any and all of the copyright, trade marks, trade names and other intellectual property rights subsisting or used in connection with the Services, including but not limited to all Content, Preview Clips and intellectual property rights incorporated into the Services shall remain the sole property of Us, the rights owner, the third party content providers or our licensors as applicable. You agree to immediately notify us of any actual or suspected infringement and you also agree not to use any of our trade marks as part of the name under which we conduct its business.
- Except for the rights explicitly granted to you in these Usage Rules, all right, title and interest in the Services, Preview Clips and the Content are reserved and retained by us, the rights owner, our third party content providers, and our licensors, with all rights reserved. You do not acquire any ownership rights in the Content purchased or Preview Clips accessed through the Services as a result of downloading the Content or accessing the Preview Clips. All other trade-marks, product names and company names or logos cited in these Usage Rules are the property of their respective owners.
- Access to Content is subject to re-download limits imposed by certain licensors. You acknowledge that you may only re-download purchased Content up to five (5) times. You are encouraged to independently back-up your Content at the earliest opportunity.
- Availability of Content and/or any Preview Clips via the Services is at the discretion of the third party licensor providing such Content and/or Preview Clips to Us, and We may therefore be required by such licensors to remove Content and/or Preview Clips from the Services without notice to you. Access of Content via the PSA is also controlled by our licensors, and such access is provided by licensors on the basis that access may be withdrawn by licensors at any time, for any reason. Therefore, Content on our Services may be removed without notice and as a result, affected Content will remain listed, but will no longer be available for access in your PSA
- Our licensors license Content by region. Therefore, We and/or our partners may need to monitor your activity by geographic location and if necessary employ geo-blocking software to prevent the purchase of Content and/or use of Preview Clips in unlicensed territories.
- Use of the Services. You agree not to:
- use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
- post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
- post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
- threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any Party;
- make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
- collect or store personal information about others, including email addresses, log-in details or other credentials;
- advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
- impersonate any person or entity for the purpose of misleading others;
- breach any applicable laws or regulations;
- use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other Party's use and enjoyment of the Services;
- post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or Confidential Information disclosed in the course of employment or under a confidentiality agreement);
- attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Services through hacking, password mining or any other means.
- Monitoring. 7digital shall have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable.