Acceptable Use Policy
This policy applies to you (“Customer” or “you”) and your employees and contractors working on behalf of and authorized by you (each an “Authorized User”) to access and use the Services (as defined below). Customer and its Authorized User’s must adhere to this policy in their access and use of the Abstract Studio Design, Inc. ("Abstract")'s version control and design workflow management platform, as well as downloadable software that facilitates the use of such platform (the “Services”). Failure to comply with this policy may result in suspension or termination of Customer and/or its Authorized Users’ access and use of the Services.
Technical Restrictions
Customer and its Authorized Users agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the servers hosting the Services than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Services; (g) collecting or harvesting any personally identifiable information, including account names, from the Services; (h) using the Services for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Services; (k) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (l) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
Accessing any audiovisual content that may be available on the Services for any purpose or in any manner other than Streaming is expressly prohibited unless explicitly permitted by the functionality of the Services. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Services to an Authorized User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the Authorized User.
Customer Data and User Content Restrictions
Customer and its Authorized Users are solely responsible for the content of any Customer Data submitted through the Services. Customer and its Authorized Users agree not to submit any Customer Data, including but not limited to any User Content, that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (b) may create a risk of any other loss or damage to any person or property; (c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (d) may constitute or contribute to a crime or tort; (e) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (f) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (g) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (h) contains any information or content that you know is not correct and current; (i) to the extent applicable, violates any school or other applicable policy, including those related to cheating or ethics; or (j) violates our User Terms of Service.
Customer and its Authorized Users agree that any User Content that is posted does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates any of these provisions. Customer and its Authorized Users understand that publishing your User Content on the Services is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
DMCA Terms and Conditions
Abstract is committed to protecting and respecting the rights of intellectual property owners. Therefore, Customer, on behalf of itself and its Authorized Users, represents and warrants to Abstract that, the Customer is either the author or copyright owner of the content uploaded onto Abstract (“Content”) and has the proper license, or has all necessary rights associated with the Content including without limitation; all applicable licenses; or rights in the content; or all rights of publicity with the content provided by the Customer to Abstract. The Customer also attests that the Content does not infringe or interfere with any additional rights, including intellectual property, contract, the right of publicity, trademark, patent, copyright, or any other proprietary right of any individual or entity wheresoever.
Abstract reserves the right to remove, at its discretion and without notice, any potentially illegal Content that poses a violation of any laws, including Trademark or Copyright laws, or may subject Abstract to liability, or violate our terms of service. In no instance shall Abstract be liable for the removal of the materials.
Abstract shall not be held liable for any unauthorized access, redistribution, infringement upon, or violation of any patent, copyright, trademark, contract, or any other right of their Content while the Customer uses any services from Abstract.
Not limited to the following, the Customer agrees not to use Abstract's services to publish any Content that:
- Promotes racism, bigotry, hatred or physical harm, or harassment of any kind against any group or individual.
- Promotes illegal, abusive, threatening, obscene, defamatory, or libelous activities, or instructional information and links to such activities.
- Provides material that is sexual or violent in nature.
- Provides passwords or personal identifying information for commercial or unlawful purposes.
- Provides passwords or personal identifying information for commercial or unlawful purposes.
- You do not have a right to transmit under any law or contractual or fiduciary relationships.
If the Customer flagrantly or repeatedly violates this Agreement, Abstract reserves the right to remove the Content and terminate the Customer’s service immediately and without notice.
Export Compliance
Customer and its Authorized Users acknowledge and agree that the Services may be subject to applicable export laws and regulations of the United States and other countries, including but not limited to the International Traffic in Arms Regulations of the U.S. Department of State, economic sanctions laws and regulations administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC), and/or the Export Administration Regulations of the U.S. Department of Commerce, Bureau of Industry and Security. Customer shall not and shall not allow any third parties to remove or export from the United States or allow the export or re-export of any part of the Services or any portion thereof, including downloadable software (a) into (or to a national or resident of or entity organized under the laws of) any embargoed or terrorist-supporting country or territory (currently, Crimea, Cuba, Iran, North Korea, and Syria), (b) to anyone on the U.S. Commerce Department’s Denied Persons List or Entity List or OFAC’s list of Specially Designated Nationals and Blocked Persons; (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of such export or re-export, without first obtaining such license or governmental approval; or (d) otherwise in violation of any sanctions, export or import restrictions, laws, or regulations of the United States or foreign governmental agency or authority. Customer agrees to the foregoing and warrants that it is not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list. The Services and any portion thereof is further restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior permission of the United States government.