PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are solely for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.
NO UNLAWFUL OR PROHIBITED USE
USE OF COMMUNICATION SERVICES
You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading TakeMyViews or others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.
TakeMyViews has no obligation to monitor the Communication Services. However, TakeMyViews reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. TakeMyViews reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
TakeMyViews reserve the right at all times to disclose any information as TakeMyViews deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in UNIVERSAL TECH SUPPORT’ s sole discretion. Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
You may not create hyperlinks to any portion of the TakeMyViews Portal, nor any Materials or Software posted therein.
GUESTS; LIMITED LICENSE TO USE OF TAKEMYVIEWS PORTAL
Usage of the TAKEMYVIEWS Portal by current or TakeMyViews customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a “Guest”. As a Guest you may use the TAKEMYVIEWS Portal and Materials specifically designated as available to guests on the TAKEMYVIEWS Portal for the limited purposes of (a) deciding whether to pursue the Services provided by or TAKEMYVIEWS Ltd, (b) registering with TakeMyViews and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
TakeMyViews may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with or TakeMyViews employees and others as appropriate to your Service under a Plan Order (each a “Communication Service” and collectively “Communication Services”). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.
LIMITED LICENSES TO USE THE TAKEMYVIEWS PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software posted on the TAKEMYVIEWS Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the TAKEMYVIEWS Portal, Services, Materials or Software, other than as explicitly permitted by or TakeMyViews is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to , TakeMyViews and its suppliers. Reverse engineering de-compilation or recompilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will:
- Cooperate with the TakeMyViews Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true: 1. The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
- You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident; 3. The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with TakeMyViews personnel. 2. Software/Data Backup: You understand and agree that or TakeMyViews shall under no circumstance be responsible for any lost or corrupted software or data. TakeMyViews strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
- Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify or TakeMyViews immediately of any unauthorized use of your account or any other breach of security. TakeMyViews will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TakeMyViews or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of or TakeMyViews reasonable control (e.g., acts of God, a large scale outbreak of a new computer vi You hereby acknowledge that circumstances outside of or TakeMyViews reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in TakeMyViewsability to schedule a support session. You hereby release TakeMyViews from any and all liability, and agree that or TakeMyViews shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
TakeMyViews or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
EXCLUSIONS FROM “SERVICES”
“Services” shall not include the following:
- Any item or activity not covered by the terms of a Plan Order. 2. Service beyond the duration limitations identified in your Plan Order. 3. Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control. 4. Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan. Problems that may and do result from: 1. External causes such as accident, abuse, misuse, or problems with electrical power. 2. Usage that is not in accordance with product instructions provided by manufacture. 3. Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance or 4. Problems caused by using accessories, parts, or components not compatible with the product. 5. Non-Compliance with the TakeMyViews technician instructions, for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE TAKEMYVIEWS PORTAL, OR THROUGH A SERVICE
For your convenience, TAKEMYVIEWSLTD. may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the End User License Agreement (“EULA”), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any or TakeMyViews Web site may be copied or retransmitted unless expressly permitted by or TAKEMYVIEWS.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE. END USER LICENSE AGREEMENTS (EULA) – GENERALLY In connection with our Service, we may provide to you, the use of certain software, which is owned by TakeMyViews or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.
The Software may be accompanied by a EULA from TakeMyViews or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
EULA For TakeMyViews SOFTWARE
With regard to any Software made available to you by or TakeMyViews through the TAKEMYVIEWS Portal for which your acceptance of a separate license agreement is not required (“TAKEMYVIEWS Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by or TakeMyViews to use the TAKEMYVIEWS Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the TAKEMYVIEWS Software. You agree that the TAKEMYVIEWS Software is the confidential and proprietary information of, TakeMyViews or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the TAKEMYVIEWS Software, or otherwise reduce the TAKEMYVIEWS Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the TAKEMYVIEWS Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the TAKEMYVIEWS Software. You acknowledge that this license is not a sale of intellectual property and that TakeMyViews or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the TAKEMYVIEWS Software and related documentation, as well as any corrections, updates and upgrades. The TAKEMYVIEWS Software may be used in the United States only, and any export of the TAKEMYVIEWS Software is strictly prohibited.