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1. Relationship Between Customers, Users and Us
Authorized users are invited by Customer to join our Services. When you submit content or information to the Services (“Customer Data”), you acknowledge and agree that the Customer Data is owned by Customer and that our agreement with Customer provides Customer with many choices and control over that Customer Data. In particular, Customers have admin licences that allow them to personalize some aspects of the platforms and send invitations to applicants (or to remove their access).
1.1 As between us and Customer, you agree that it is solely Customer’s responsibility to:
(i) inform you of any relevant Customer policies and practices and any settings that may impact the processing of Customer Data;
(ii) obtain any rights, permissions or consents from you that are necessary for the lawful use of Customer Data and the operation of the Services;
(iii) ensure that the transfer and processing of Customer Data requested by Customer is lawful; and
(iv) respond to and resolve any dispute with you relating or based on the Customer Data, the Services, or Customer’s failure to fulfill these obligations.
When using our Services, you may be required to create an account with us. You agree that you are responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities under your account. By registering to use our Services, you agree that:
(i) your account and password are personal to you, and may not be used by anyone else;
(ii) you will not do anything which would assist anyone who is not a registered user to gain access to the Services;
(iii) you will not create registration accounts for the purpose of abusing our Services (or our support community), or other users, nor will you seek to pass yourself off as another user.
(iv) You agree to notify us immediately if you become aware of any unauthorized use of your password or account identifiers by others.
Although we will do our best to provide constant, uninterrupted access to the Services, we do not guarantee this. We accept no responsibility or liability for any interruption or delay directly to users. We make no representations or warranties of any kind, whether express or implied, to you relating to the Services, which are provided to you on an ‘as is’ and ‘as available’ basis.
3.2 The foregoing disclaimers will not apply to the extent prohibited by applicable laws.
4. User Content
4.1When you submit content as part of the Services (the “User Content”), you agree and represent that you have created the User Content, or you have received permission from, or are authorised by the owner of any part of the content to submit such User Content.
4.2 You or the owner of the User Content still own the copyright, but by submitting User Content, you are granting us a revocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use the User Content to provide our Services to you and to follow your instructions, such as whether User Content should be public or not. You agree that User Content can be de-identified, aggregated, and subsequently used for marketing, analytics, performance and other operational purposes. De-identified User Content can be sold, transferred or accessed by third parties. De-identified means that it cannot be associated with you, a user or one of our Customer.
4.3 You acknowledge and agree that when you make User Content available publicly, or when you share User Content with someone else, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you or other users in that User Content do not necessarily reflect our views, and we do not support or endorse any User Content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any User Content posted by you and other users as part of the Services.
4.4 You warrant that the User Content and your use of Services is not:
(i) obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal; or
(ii) in violation of any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.
4.5 You agree not to submit content which is deliberately intended to upset or harm other users. This means that you will not submit content which victimizes, harasses, degrades, or intimates an individual or group of individuals, in particular on the basis of religion, gender, sexual orientation, race, colour, creed, ethnicity, gender, national origin, citizenship, age, marital status, disability or otherwise.
4.6 You agree not to upload or otherwise transmit any content which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionalities included in our Services, or any computer software or hardware or telecommunications equipment under our control, or the control of our suppliers.
4.7 We accept no liability in respect of any User Content.
We trust our users, and it’s great to have you using our Services. Still, we have to mention a few more housekeeping rules. Please do not:
(i) attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third party use of the Services, or any third party data contained therein;
(ii) attempt to gain unauthorized access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services;
(iii) access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
(iv) use the Services in any manner that may harm minors or that interacts with or targets people under the age of thirteen;
(v) engage in activity that incites or encourages violence or hatred against individuals or groups;
(vi) impersonate any person or entity, including, but not limited to, an employee of ours, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;
(vii) access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
(viii) send unsolicited communications, promotions or advertisements, or spam;
(ix) place any advertisements within our Services;
(x) send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
(xi) abuse referrals or promotions to get more credits than deserved;
(xii) sublicence, resell, time share or similarly exploit the Services;
(xiii) use the Services for consumer purposes, as the Services are intended for use by businesses and organizations;
(xiv) use contact or other user information obtained from the Services (including email addresses) to contact other users outside of the Services without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for users for use outside of the Services; or
(xv) authorize, permit, enable, induce or encourage any third party to do any of the above.
6. Trademarks, Copyrights and other Proprietary Rights
Our trademarks, logos, products and Services names are our trademarks. Except as otherwise permitted by law, please do not use or display in any manner our trademarks without our prior consent.
All title, ownership rights and intellectual property rights in and to the Services and any and all copies thereof, are owned by us. All rights are reserved, except as expressly stated otherwise, including in a Master Subscription Agreement with a Customer.
All content included in or made available through the Services by Mantis, such as text, graphics, logos, images, audio clips and digital downloads are our property (the “Content”).
For the avoidance of doubt, this Clause does not prejudice the title, ownership rights and intellectual property rights of the Customer in any trademarks, logos provided by the Customer to us for the purposes of incorporating in the Services.
7. Illegal Use
The transmission, distribution, retrieval or storage of any data or other material in violation of any applicable law or regulation is prohibited. This includes, without limitation, data or other material which
(i) infringes any copyright, trademark, trade secret, patent or other intellectual property
(ii) constitutes an illegal threat made against any person or organization
(iii) is obscene, pornographic, indecent, or defamatory, or
(iv) constitutes an attempt to defraud others.
The Services may not be used to violate system or network security; such behavior may result in criminal or civil liability. No user may engage in the following activities:
(i) Gaining unauthorized access to, or attempting to compromise the normal functioning, operation or security of any network, system, computing facility, equipment, data or information.
(ii) Engaging in any activities that may interfere with the ability of others to access or use the Services (i.e., Denial of Service attacks).
(iii) Monitoring any data, information or communications on any network or system not owned by user without authorization.
(iv) Gaining unauthorized access to the user accounts or passwords of other users of any system.
(v) Attempting to intercept, redirect or otherwise interfere with communications intended for others.
(vi) Knowingly transmitting files or messages containing computer viruses or propagating worms, Trojan horses, or “spyware” programs.
The Services may be used to distribute electronic mail in an improper or illegal manner. Users may not engage, without limitation, in the following activities:
(i) transmitting unsolicited mass or commercial e-mail (i.e., spamming) for any purpose;
(ii) enlisting a third party to transmit unsolicited e-mail on the user’s behalf;
(iii) collecting responses from unsolicited mass or commercial e-mail, or advertising any website or the user’s identity in such e-mail;
(iv) transmitting a large amount of e-mail to a recipient with the intent to disable their system (i.e., mailbombing); and
(v) using another party’s electronic mail server to relay e-mail without express permission.
10. Third Party Links
The content on the web application of our Services does not necessarily reflect the opinions or policies of our company or its officers. Profiles and third party applications created and posted by Users may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the web application of our Services does not imply approval or endorsement of the linked website by us. When you access these third party sites, you do so at your own risk. We take no responsibility for third party advertisements or third party applications that are posted on or through the Services, nor do we take any responsibility for the goods or services provided by its advertisers. We are not responsible for the conduct, whether online or offline, of any user of the Services including, without limitation, any content posted by any such user.
We have the right, but no obligation, to monitor the content and usage of the Services, to, among other things, determine compliance with these conditions of use and any operating rules established by us and to satisfy any law, regulation or authorized government request. We also have the right and sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, we have the right to remove any material that we in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable.
12. Spyware and Viruses
We assume no responsibility, and are not be liable for any damages resulting from any spyware or viruses that may infect your computer equipment or other property resulting from your access to, use of, or downloading of any materials, data, text, images, video, or audio from the site.
15. Application of Consumer Law
16. Governing Law & Jurisdiction