All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Endorsed, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Endorsed services (such as articles and similar materials) purposely made available by Endorsed, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
3 ACCEPTABLE USE OF THE SITE
You must comply with this acceptable use policy when accessing the Site. You may use the Site for lawful purposes only. You must not use the Site:
- If your use breaches any applicable law or regulation whether local, national or international.
- If your use is unlawful or fraudulent.
- If your use harms or could harm, minors in any way.
- To send spam materials to other people.
- To post any contributions which contain material which is defamatory, obscene, offensive, hateful, inflammatory, deceptive, is likely to harass, upset, embarrass or impersonate any person or which is sexually explicit, promotes violence or any form of discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age, or which infringes any third party intellectual property rights or other rights.
- To knowingly introduce or transmit viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
4 IN ADDITION
- You must not gain, or attempt to gain, unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
- You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack or do anything that could disable or impair the Site.
- If you breach any provisions of the Computer Misuse Act 1990 you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. If you breach these terms contained in this Acceptable Use Policy, your right to use the Site will cease immediately.
5 ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site may require you to have an account (including setting up an Endorsed ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold on your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify Endorsed immediately of any unauthorised use of your account or password, or any other breach of security.
You may be held liable for losses incurred by Endorsed or any other user of or visitor to the Site due to someone else using your Endorsed ID, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s Endorsed ID, password or account at any time without the express permission and consent of the holder of that Endorsed ID, password or account. Endorsed cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Endorsed does not promise that the site or any content, service or feature of the site will be error- free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the site is subject to change without notice. Endorsed cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. endorsed disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. endorsed disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and or any endorsed services. you assume total responsibility for your use of the site and any linked sites. your sole remedy against endorsed for dissatisfaction with the site or any content is to stop using the site or any such content.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Endorsed reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
8 LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Endorsed be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Endorsed has been advised of the possibility of such damages.
You agree to indemnify and hold Endorsed, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Endorsed by any third party due to or arising out of or in connection with your use of the Site.
Endorsed may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary for connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Endorsed’s rights or property, or the rights or property of visitors to or users of the Site, including Endorsed’s customers.
Endorsed reserves the right at all times to disclose any information that Endorsed deems necessary to comply with any applicable law, regulation, legal process or governmental request. Endorsed also may disclose your information when Endorsed determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Endorsed may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.