PIPHA may modify the TOU to reflect changes in PIPHA business cloud, applicable law, or for other reasons deemed necessary by PIPHA . If the terms of the TOU change, PIPHA will provide notice, which may include, but is not limited to notice provided through the Websites or an PIPHA user account. Except where prohibited by law, updates to the TOU will apply once the changes have been posted or notice has otherwise been given. Changes to the TOU will, however, not apply retroactively. If You do not agree to changes made to the TOU, You must discontinue your use of the affected PIPHA Website, PIPHA Materials, or User Content.
PIPHA does not claim ownership of User Content that you post, upload, input or submit to any PIPHA Website. By posting, transmitting or uploading any User Content, including any article, information, data, code, text, software, documentation, graphic, image, marketing material, video, photograph, message, suggestion, feedback, idea, or posting to any forum, wiki, or blog on any PIPHA Website, You grant to PIPHA a perpetual, irrevocable (subject to mandatory data protection requirements), non-exclusive, world-wide, fully-paid up and royalty free license to use such User Content without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. This license includes, without limitation, the irrevocable (subject to mandatory data protection requirements) right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and provide the User Content to third parties; to make, have made, offer to sell, sell, lease, or otherwise distribute any User Content or product; and to practice any method, embodying such User Content (including the right to sublicense any of the foregoing).
You represent and warrant to PIPHA that You have the right, title, and/or authority to grant such license to PIPHA. PIPHA may elect not to post or publish User Content that You submit. If PIPHA elects to post or publish Your User Content, PIPHA may in its sole discretion withdraw the posted or published User Content for any reason and without notice even if PIPHA has previously indicated to You that PIPHA might or will post the User Content You have submitted.
You acknowledge and agree that the relationship between You and PIPHA is not a confidential, fiduciary, or other special relationship. PIPHA shall have the right, but not the obligation, to use Your name, likeness, biography and other information about You that You have provided in connection with any use of the User Content You submit, and PIPHA may continue to use this information after any termination of your account or Your access to the Websites for the purpose of identifying the source of User Content that you previously submitted. Nothing in this TOU shall prohibit or restrict PIPHA's right to create or obtain User Content or submissions similar to or competitive with the User Content that You have submitted.
The PIPHA Websites, the PIPHA Materials, and the User Content are for your non-commercial use, that is, your use must not be intended for or directed towards commercial advantage or monetary compensation. You may not copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, rent, lease, or sell the PIPHA Websites, PIPHA Materials, or User Content. You may, however, download, store, and display on your computer or other electronic device, solely to view, listen to, play and print PIPHA Materials and User Content; provided that: (a) the PIPHA Materials and User Content may only be used for informational, non-commercial purposes and will not be copied or posted on any computer network, or otherwise published, broadcast, or distributed in any manner or media; and (b) the PIPHA Materials and User Content may not be modified or altered in any way, including any copyright notices.
You may not use the PIPHA Websites in any manner that could damage, disable, overburden, or impair any PIPHA server, or the network(s) connected to any PIPHA server, or interfere with any other party's use and enjoyment of any PIPHA Website. You may not attempt to gain unauthorized access to any PIPHA Website, other accounts, computer systems or networks connected to any PIPHA server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the PIPHA Websites.
You agree not to use an PIPHA Website to:
• publish, upload, post, email, transmit or otherwise make available any User Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
• defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity or business integrity;
• impersonate any person or entity, including, but not limited to, an PIPHA official, PIPHA employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• forge email headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the PIPHA Websites;
• download any file or User Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
• interfere with or disrupt the servers, or networks which support the PIPHA Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the PIPHA Websites;
• violate any applicable local, state, national or international law and any regulations;
• harvest, collect, or store personal information or data of other users.
PIPHA may, in its sole discretion, at any time discontinue providing or limit access to the PIPHA Websites, any areas of the PIPHA Websites, or any PIPHA Materials or User Content provided on or through the PIPHA Websites. You agree that PIPHA may, in its sole discretion, at any time, terminate or limit your access to, or use of, any or all of the PIPHA Websites or any PIPHA Material or User Content. In the event You are in material breach of the TOU, PIPHA may, at its sole discretion, suspend or terminate Your account, delete Your Content from the PIPHA Website, and refuse You any current or future use of an PIPHA Website without notice. PIPHA shall not be liable to You or any third party for any such suspension or termination.
liable to You or any third party for any such suspension or termination.
If You wish to terminate your account, you may do so by submitting your request via email to email@example.com. Please note that in the event that you elect to terminate your account, PIPHA has the right and may elect to continue to post and publish on the Websites personally identifying information associated with User Content that You have posted.
PIPHA is not obligated to evaluate or provide any comments to you regarding User Content that you submit. At PIPHA sole discretion, PIPHA may contact you with critiques, updates, feedback, status or questions regarding your submission. In no event will any such contact or communication from PIPHA obligate PIPHA to adopt your submission, provide a timeframe for evaluation, or even provide any additional communication regarding your submission.
- Except for PIPHA Websites which are clearly identified as non-public forums (each a "Non-Public Forum"), PIPHA Websites are intended to be public forums, and You agree not to provide PIPHA or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Except for User Content clearly labeled as confidential that You upload into a Non-Public Forum, any User Content that You send or upload to an PIPHA Website will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such User Content.
- You agree not to reproduce any Confidential Information to which you are provided access through an PIPHA Website in any form except as authorized at the time of disclosure. Any reproduction of Confidential Information shall remain the property of PIPHA or the third party that has prepared such information and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (c) not to disclose any Confidential Information to any party without the prior written consent of PIPHA or the third party that has prepared such information. You do not acquire any rights in Confidential Information except the limited rights as described herein. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the PIPHA Software or PIPHA Websites, or compete with PIPHA Software or PIPHA Websites in whole or in part. As used herein, ‘Confidential Information’ shall mean all trade secrets, intellectual property rights, and other information PIPHA or third parties protect against unrestricted disclosure to others which is (i) either labeled Confidential and accessed through a restricted or non-public area of an PIPHA Website or pursuant to software downloads, or (ii) reasonably identifiable as confidential based on the type of information and the manner of its disclosure. As used herein ‘reasonable steps’ means those steps You and/or Your Company take to protect Your own Confidential Information, which shall not be less than the industry standard of care.
ALL USER CONTENT POSTED BY YOU TO AN PIPHA WEBSITE, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK, AND PIPHA TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF AN PIPHA WEBSITE.
Some of the PIPHA Websites require that You become a registered user. Before you can use these Websites, You have to register with PIPHA and provide PIPHA with certain information, which may include personally identifiable information, such as your name and your email address (“Personal Data”). By providing PIPHA with Personal Data, You expressly agree that PIPHA may collect, use, store and otherwise process Your Personal Data for the purpose of providing you with access to the Websites and related activities and communications in which you agree to participate.
You are responsible for and agree to provide PIPHA with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date. You can always correct or update Your Personal Data. Furthermore, You may request information about Your Personal Data stored with PIPHA , or the correction (in case the relevant Website is not allowing You to correct or update your information), or deletion of Your Personal Data by contacting firstname.lastname@example.org. Please note that if You request the deletion of your account or Personal Data, You might not be able to further access and use the PIPHA Websites and your User Content.
You are solely responsible with regard to usage and security of Your password and any activities that occur under Your account. You shall not use the account of anyone else at any time. You understand and agree that PIPHA collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the PIPHA Websites subject to PIPHA Privacy Statement.
YOU AGREE TO COMPLY WITH THE TERMS OF THE PIPHA PRIVACY STATEMENT, WHICH CAN BE FOUND BY CLICKING ON THE ‘PRIVACY’ LINK AT THE BOTTOM OF EACH WEB PAGE ON PIPHA WEBSITES.
As used herein, ‘Intellectual Property Rights’ means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statuto