Acceptable Use Policy
Inquiries regarding this Policy should be directed to [email protected]
- Prohibited Uses. You may not use the Service in any illegal, abusive or other manner that interferes with the business or activities of any other party. You may not incorporate or use the Service in connection with Your Product if Your Product or any of the content, services or advertising available on Your Product (or if your use of the Service otherwise):
- (a) Uses the Service in a manner that is primarily directed to children aged 16 or under or that has children aged 16 or under as a significant proportion of its users unless explicitly agreed to by ClubCloud;
- (b) Uses the Service, in, or to develop, a product or service that delivers separate, stand-alone functionality substantially similar to the Services;
- (c) Transmits any material that contains adult content or entertainment or anything that violates the Child Protection Act, including pornography, erotic content, sexually explicit content, prostitution, or any other content not appropriate for general audiences;
- (d) Offers or promotes gambling, games of chance involving the payment of any consideration, or illegal sweepstakes or contests;
- (e) Promotes, encourages or facilitates any illegal activity, violates the law or violates the rights of any third party (including, without limitation, intellectual property rights, rights of privacy, or rights of personality);
- (f) Takes any action or transmitting any material that constitutes, promotes or is used for illegal activities;
- (g) Uses the Service in a way that constitutes or promotes, or for the purpose of dealing in: spyware, adware, or other malicious programs or code; counterfeit goods; items subject to U.S. embargo; unsolicited mass distribution of email; multi-level marketing proposals; hate materials; hacking/surveillance/interception/descrambling equipment; libelous, defamatory, abusive, harassing or otherwise offensive content; body parts or bodily fluids; stolen products or items used for theft; fireworks, explosives, or hazardous materials;
- (h) Promotes illegal drugs, violates export control laws, or relates to illegal arms trafficking; or
- (i) Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or ClubCloud.
- 2.1 You are responsible for handling any claims related to your users including any content, services or advertising made available by you. You are responsible for properly handling and processing notices sent to you (or any of your agents or affiliates) by any person claiming that you have violated such person’s rights, including notices pursuant to the Digital Millennium Copyright Act.
- 2.2 ClubCloud does not actively monitor the Service or your use of the Service but may elect to do so in its discretion. ClubCloud may (a) investigate violations of this Policy; (b) remove, disable access to, or modify any Content or resources that violates this Policy or any other agreement we have with you for use of the Service; or (c) report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulations, or other appropriate third parties. However, ClubCloud will not be responsible for any claim based on any commentary or Content posted in the Service by any user or any actions taken by any user of the Service, including any claim that the user Content violates any person’s rights or is defamatory, libellous or otherwise illegal. You acknowledge that you are solely responsible for monitoring and controlling abusive or inappropriate behaviour in your use of the Service in connection with Your Product. You will regularly monitor and respond to reports of abuse, including by terminating user accounts where appropriate. You will also ensure that Your Product that implements the Service is at all times subject to terms and conditions binding on all users that are no less protective of ClubCloud and the Platform (and no less restrictive) than as provided in the Terms of Service.
- 2.3 You are solely responsible for all information, data, text, communications, recordings, videos, music, sound, photographs, messages or other materials (“Content”) that you or any of your user’s upload, store, post, publish, display or otherwise transmit or use (hereinafter, “Post”) in connection with the Service. Without limiting the foregoing, you shall not (nor shall you allow any third party to) knowingly or with reason to know to use the Service to:
- (a) Post any Content that: is unlawful, harassing, tortious, defamatory, pornographic, libellous, or invasive of another’s privacy; you do not have a right to transmit under any law or under contractual or fiduciary relationships; poses or creates a privacy or security risk to any person; infringes any intellectual property or other proprietary rights of any party; 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; or in the sole judgment of ClubCloud, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose ClubCloud or its users to any harm or liability of any type;
- (b) interfere with or disrupt the Service or servers or networks connected to the Service, including by consuming a disproportionate share of the resources of the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- (c) violate any applicable local, state, national, or international law, or any regulations having the force of law;
- (d) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- (e) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
- Consequences of Violation. If we determine that you have violated any part of this Policy, we may remove any offending content or suspend or terminate your use of the Service. We may intercept or block any content or traffic where the Service is being used unlawfully or not in accordance with this Policy. Our right to suspend or terminate your use of the Service applies even if a violation is committed unintentionally or without your authorization.
- Reporting. If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please contact us at [email protected]
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