5.1. You hereby grant us a non-exclusive, royalty-free, worldwide right and license during the term of the LA to do the following to the extent necessary in the performance of Services: (a) make any action regarding the Content, and (b) make archival or backup copies of the Content and the Website.
5.2. Under no circumstances we will be liable for any Content or for any loss or damage to the Content or that is incurred as a result of the use of any Content made available via the Services
5.3. You may not do any of the following (“Restrictions”):
5.3.1. Include in the website content that is unlawful, harmful, offensive or otherwise in violation of the LA, or that is inaccurate or includes unauthorized disclosure or personal information.
5.3.2. Post or store on the Website any content that violates or infringes anyone's intellectual property rights or that may be considered obscene, harm minors in any way, includes child pornography, defamatory, racist, libelous, excessively violent, harassing, defamatory, pornographic, immoral, or fraudulent, or illegal or otherwise objectionable
5.3.3. Use the Services in any way for uploading, posting, emailing transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional material, junk mail, chain letters, spam or any other form of solicitation except as specifically authorized by the Software documentation and under the limitations of the Software
5.3.4. Use the Website as a pseudonymous return email address for any communications that you transmit from another location or through another service, and you may not pretend to be someone else when using the Services
5.3.5. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
5.3.6. Use the Services for any unlawful activities not otherwise covered above. Additionally, you shall not use the Services to (i) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; (ii) impersonate any person or entity, including, but not limited to, a Company official, or falsely state or otherwise misrepresent its affiliation with a person or entity; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop hidden pages or images; (iv) upload, post or otherwise transmit any Content that does not have a right to transmit to the public under any law or under contractual or fiduciary relationships
5.4.If we become aware that you violate these Restrictions according to the sole discretion we reserve the right to edit or remove content and/or to close the website that we may also terminate or suspend your access abilities to the Website or license. These Restrictions apply to all content provided to or through the Services, including email messages, newsgroup postings, chat, and personal or business web pages
5.5. We do not pre-screen content, however, we and our designees have the right (but not the obligation) in our sole discretion to block or restrict access to or the availability of, or to disable, any content that is available via the Services. Without limiting the foregoing, we and our designees may disable, restrict access to or the availability of, any content that violates the LA or is otherwise objectionable. You shall evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content
5.6. You acknowledge that we may access, preserve and disclose your Website and license information and Content if required to do so under any applicable law or if it believes such discloser is necessary to enforce the LA and/or respond to claims that the Content violates the rights of a third party and/or to protect our rights, property or safety, our licensees and the public
5.7. Unless otherwise explicitly stated, herein, any Content provided by you in connection with the Website shall be deemed to be provided on a nonproprietary and non-confidential basis. You are responsible for the Content that is submitted and shall have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and copyright.
6.1."Images" shall mean animations, clipart, composites, digital footage, digital video, film footage, fonts, graphics, illustrations, images, motion sequences, photographs or any other visual representation regardless of whether the Image(s) that are obtained from our system together with all accompanying metadata and other material.
6.2. The Images may be copyrighted and protected under the various laws. The Images supplied shall remain our sole and exclusive property or its licensors. Use of the Images is licensed, not sold, pursuant to the terms of this Agreement. Use of the Images without agreeing to this LA or in breach of its terms is copyright infringement
6.3. Use of the Images and/or any derivative work using them shall be done only within the Websites on the dedicated server.
6.4. You undertake not to:
6.4.1. Sublicense, distribute, transfer or assign the Images or rights to the Images
6.4.2. Reverse engineer, decompile, translate, or disassemble any part of the Images
6.4.3. Use the Images Copy or reproduce them apart from the use of Software and within our Website
6.4.4. Use the Images in any downloadable format intended for multiple distributions including, without limitation, templates, website templates, software products, e-greetings, etc
6.4.5. Remove any copyright, trademark or watermark from any place where it appears on the Images; or Use the Images, or any part of the Images, as part of a trademark, service mark, or logo. We or our licensors retain the full rights to the Images, and therefore you cannot establish your own rights.
6.4.6. Use the Images to compete with us in the business of licensing images to customers
6.4.7. Use the Images in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical changes to it, in the juxtaposition to accompanying text or images, or otherwise
6.4.8. Use the Images beyond any limitations or restrictions set forth in this LA
6.5. We reserve the right to forbid the use of any Images for any reason whatsoever and/or notify that certain Images are no longer available for use. Upon such notification, the license to use them shall automatically and immediately be terminated
6.6. We reserve the right to replace Images with an alternative Image for any reason. Upon notice of such replacement, the license for the replaced Images immediately, and automatically, terminates for any use of the Images that do not already exist, and this LA shall automatically apply to any replacement Images. You agree not to use any replaced Images with future products or services and you shall take all reasonable steps to discontinue use of the replaced Images in existing
6.7. You agree that upon the termination of the license to use any Images granted under this LA, you will destroy all copies and archives of the Images and to cease using them for any purpose
6.8. You are responsible that if your use of any Images requires the consent of any other party or the license of any additional rights you will obtain them. If you are unsure whether additional rights are needed for use of the Images, you are responsible to consult with competent legal counsel; and If you are acting as an agent, you must inform your client/principal of the terms of this LA
6.9. All provisions of this agreement will including sec. 5 above apply also to the use of Images
7. Intellectual property rights
7.1. You acknowledge and agree that (a) We retain and shall exclusively own all title and rights in connection with the Software, the Services, our Trademarks (“Trademarks”) and all documentation, related thereto including without limitation all intellectual property rights, patents, know-how, trade secrets, copyright and other proprietary rights, both registered and unregistered, owned and/or otherwise used by us and all goodwill related thereto and all modifications and improvements thereto and derivative works thereof, regardless of whether you, your employees, contractors or others on your behalf may have contributed to the conception of such work, joined in the effort of its development, or paid us for the use of the Software, (collectively the “IP Rights”); (b) the IP Rights may not be exploited, reproduced or used by you except as expressly permitted in this Agreement; and (c) you shall not have or acquire any right, title or interest in or otherwise become entitled to any IP Rights, including without limitation by taking delivery of, making payment for, distributing and/or selling or otherwise using or transferring the software and/or the Services and/or performing its obligations under this LA.
7.2. Notwithstanding the use of the terms “purchase” or “sale” or other similar terms in this LA in connection with the Software, such Software is not, in any manner whatsoever, being purchased or sold, and said terms have been used solely for convenience and in order to reflect the current business language
7.3. You will not to take any action inconsistent with such ownership and further agrees not to adopt, use or attempt to register any trademarks, service marks or trade names that are confusingly similar to the Trademarks or in such a way as to create combination marks with the Trademarks
7.4. You, your employees and/or others on its behalf shall not remove or alter any Trademarks or other identifying marks appearing on the Software unless it is an option offered by the Software.
8.1. You will be granted with access to our web-based customer support system, for the purpose of logging service requests online.