ACCEPTABLE USE POLICY
Last Updated: August 26, 2020
If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at [email protected].
CHANGES TO THIS POLICY
We reserve the right, at our sole discretion, to change or modify this Policy from time to time. In the event, we modify the terms of this Policy, such modifications shall be binding on you only upon your acceptance of the modified Policy. We will endeavour to provide you at least fifteen (15) days prior of such the modifications on our Website or Platform by posting a modified version of this page or by a comparable means. Your continued use of our Website or Platform shall constitute your consent to such changes.
Every time you wish to use our Website and Platform, please check these terms to ensure you understand the terms that apply at that time.
You agree to use our Website and Platform only for lawful purposes. You may not use our Website or Platform:
In any way that breaches any applicable local, state, national, or international law or regulation;
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
For the purpose of harming or attempting to harm minors in any way;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as detailed below;
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
If you are not connected to a legitimate medical business.
You also agree not to access without authority, interfere with, damage, or disrupt:
Any part of our Website or Platform; Any equipment or network on which our Website or Platform is stored; Any software used in the provision of our Website and Platform; or Any equipment or network or software owned or used by any third party. You further agree not to:
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website or Platform; Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Website or Platform, or any part thereof; Utilize information, content or any data you view on and/or obtain from our Website or Platform to provide any service that is competitive with us; Adapt, modify, or create derivative works based on our Website or Platform or technology underlying our Website or Platform, or other users’ content, in whole or in part; Rent, lease, loan, trade, sell/re-sell access to our Website or Platform or any information therein, or the equivalent, in whole or part; or Remove any copyright, trademark, or other proprietary rights notices contained in or on our Website or Platform, including those of both Aumet and any of our licensors.
We may, at our sole discretion, provide interactive services (the “Interactive Services”) on our Website and Platform from time to time including, but not limited to:
Chat rooms. Bulletin boards. In the event that we provide any Interactive Services, we will provide clear information to you about the kind of service offered, if it is moderated, and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks from third parties when you use any Interactive Service provided on our Website or Platform. We reserve the right to decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website and Platform.
We expressly disclaim any and all liability for any loss or damage arising from the use of any interactive service by a user, whether the service is moderated or not.
These content standards (the “Content Standards”) apply to any and all materials which you contribute to our Website and Platform (the “Contribution”), and to any Interactive Services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The Content Standards apply in whole and in part with respect any Contribution. We reserve the right, at our sole discretion, to determine whether a Contribution breaches our Content Standards.
A Contribution must:
Be accurate and complete (if you state facts); Be genuinely held by you (if you provide opinions); and Comply with the law applicable in the State of Delaware, United States and with the law of the country in which it was posted. A Contribution must not:
Be defamatory of any person; Be obscene, offensive, hateful, or inflammatory; Promote sexually explicit material; Promote violence; Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; Infringe any copyright, database right, trademark, or any other intellectual property rights of any other person or entity, Be likely to deceive any person; Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; Promote any illegal or illicit activity; Be in contempt of court; Be threatening, abuse, or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety; Be likely to harass, upset, embarrass, alarm, or annoy any other person; Impersonate any person or misrepresent your identity or affiliation with any person or entity. Give the impression that the Contribution emanates from Aumet, if this is not the case; Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or Contain any advertising or promote any services or web links to other sites. You agree and acknowledge that you will not provide any Contribution that you do not have the authority or rights to contribute to our Website and Platform. You represent and warrant that any Contribution you provide you complies with our Content Standards. You agree to indemnify Aumet for any breach of this provision, including any violation of third-party rights such as infringement of third party intellectual property rights associated with the content provided by you.
Any Contribution you post or upload to our Website and Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Contribution, but you agree to grant to us and other users of our Website and Platform a limited licence to use, store, and copy that Contribution and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any Contribution posted or uploaded by you to our Website and Platform constitutes a violation of their intellectual property rights or of their right to privacy.
When you upload or post to our Website and Platform, you grant us the following rights to use that Contribution:
The right to amend or delete any Contribution you have uploaded in whole or in part, whether at your request or otherwise; The right to copy material from your website, including details of your products and photos and to upload the same ontoaumet.com The right to edit any Contribution you have uploaded to enhance the search engine optimization quality and for quality assurance purposes; and The right to back up and save the material you have uploaded to any device and in any way we see fit. If you link to our Website, you agree to the following rules:
You may link to our Website home page, provided you do so in a way that is fair and legal, and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Aumet’s part where none exists. You must not establish a link to our Website in any website that is not owned by you or where you do not have authorization to link. Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than our Website home page. We reserve the right to withdraw your linking permission without notice. If you wish to link to or make use any Contribution on our Website other than as set out above, please contact us at [email protected].
BREACH OF THIS POLICY
If we, at our sole discretion, determine that you have breached this Policy, we reserve the right to take any action as we deem appropriate, including the immediate termination of your membership.
Immediate, temporary, or permanent withdrawal of your right to use our Website and Platform; Immediate, temporary, or permanent removal of any Contribution uploaded by you to our Website and Platform; Issue of a warning to you; Initiate legal proceedings against you for the reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from your breach; Initiate any other applicable legal action against you; and/or Disclose information related to your breach to law enforcement authorities or applicable regulatory agencies if we reasonably feel such disclosure is necessary or as required by law. We expressly disclaim any and all liability for any loss or damage arising from your breach of this Policy, including any action we may take in response to your breach of this Policy. We reserve the right to take any action, including actions not listed above, as we reasonably deem appropriate. In the event of your breach of this Policy, you will not receive a refund of any membership fees.
This Policy shall be governed by the law of the State of Delaware, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California.