8. Conduct by Users; Prohibited Conduct
In consideration for continued access to the Services, you agree to adhere to the terms governing End User conduct as written here in Section 8 of this Agreement. You understand that your account and any Credits you have earned can be terminated or suspended at the sole discretion of the Company if Company reasonably believes you have violated the terms of member conduct in any way. You understand that the Services and software embedded within the Services may include security components that monitor the use and conduct of users. You may not attempt to override or circumvent any of the security measures, monitoring measures, or usage rules embedded into the Services. Any unauthorized modification of any kind of the Application or related software provided by the Company and Services, in whole or in part, is strictly prohibited.You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. Company does not control the advertising Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.When using the Services, you agree not to:
(a)
cheat, defraud, game, mislead, misinform, trick, or deceive Company in any way in order to accrue Credits or for any other reason;
(b)
deploy, distribute, disseminate, design, or use computer programs including algorithms, scripts, codes, bots, viruses, or trojans for the purpose of simulating human use of any browser with an installed Company add-on or defrauding Company in any way;
(c)
attempt to fraudulently manipulate your accrual, retention, balance, or redemption of Credits;
(d)
impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e)
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(f)
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(g)
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
(h)
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
(i)
upload, post, email, transmit or otherwise make available any material that 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;
(j)
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
(k)
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l)
“stalk” or otherwise harass another; and/or
(m)
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in this Section 8.
You acknowledge that Company may or may not pre-screen Content, but that Company and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, Company and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Company or submitted to Company, including without limitation information in Company message boards and in all other parts of the Services.
You acknowledge, consent and agree that Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement, the Terms of Use or the Privacy Policy; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Company, its users and the public.