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Transplore - Terms of Service

Terms and Conditions

This Agreement (the "Agreement") is made by and between Transplore!, ("Company"), and you ("Customer"). This Agreement provides the terms and conditions pursuant to which Customer may access and use services, files, features and other content made available on or through this website.

1. License Grant. Subject to the terms and conditions of this Agreement, Company grants to Customer a non-exclusive, non-transferable, revocable, limited license, without the right to sublicense, to access and use the Service solely in connection with Customer's internal business operations, and to use such other features of the Service that Company makes available to Customer from time to time. The Company and its licensors reserve all rights not expressly granted to Customer herein, and no other rights and licenses are granted or will be deemed to be granted hereunder. Customer does not have the right to assign, transfer or sublicense to any third party any of the rights or licenses granted herein.

2. Restrictions. Customer represents, warrants and covenants that (a) Customer will not distribute, transmit, display, disclose, divulge, reveal, report, publish or transfer the Services to any third party or reproduce or create derivative works based upon the same or any portion thereof; provided, however, that Customer shall have the right to disclose the reports and data obtained as a result of the Service with Customer's clients and prospective clients provided that such reports and data are received by Customer solely as part of a search completed specifically for such client or prospective client in connection with a proposed marketing campaign, and the use of such reports and data is limited to use in such marketing campaign (Customer is responsible for ensuring its clients' use of the reports and data complies with the terms of this Agreement). Customer represents, warrants, and covenants that it shall not use or permit the Service to be used (i) in violation of any applicable laws or regulations, (ii) for the propagation of worms or viruses, (iii) to violate the rights of others (including without limitation intellectual property or privacy rights), or (iv) in an abusive or inappropriate way, including without limitation in a way that is defamatory, libelous, pornographic, obscene, threatening, or constitutes hate speech. Company reserves the right to suspend access to the Service (or a portion thereof) and to terminate this Agreement without notice, both for any reason or no reason whatsoever.

Customer shall not use an automated software program, spider, web-crawler, URL checker, computer "robot" or other program to access the Service without the express written consent of Company. In addition and without limitation, Customer agrees to comply with the Robots Exclusion Standard.

Company, in its sole discretion and without any liability or notice to Customer, may at any time deny access to the Service or any portion thereof for the purpose of website maintenance or other business needs. Company does not represent or warrant that the Service will be error-free, that defects in the Service will be corrected, or that it will always be accessible. Company does not warrant or represent that the information available on or through the Service will be correct, accurate, timely, or otherwise reliable. Company may make improvements and/or changes to its features, functionality or content at any time.

3. Proprietary Rights All right, title and interest (including without limitation intellectual property rights) in the Service shall remain in Company and/or its suppliers. Customer acknowledges the foregoing and will not take any action to jeopardize, limit, or interfere in any manner with Company's or its suppliers' ownership of such rights.

4. DISCLAIMER OF WARRANTIES THE SERVICE AND MATERIALS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SERVICE IS AUTHORIZED HEREUNDER EXCEPT PURSUANT TO THIS DISCLAIMER.

5. LIMITATION OF LIABILITY COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM INTERRUPTION OF BUSINESS OR LOSS OF ANTICIPATED PROFITS, REVENUES, DATA OR BENEFITS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM (E.G., CONTRACT, TORT, WARRANTY OR OTHERWISE) OF ANY LEGAL OR EQUITABLE ACTION BROUGHT AGAINST COMPANY. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY DEFAULT OF COMPANY HEREUNDER, REGARDLESS OF THE FORM OF THE ACTION. TO THE EXTENT THAT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, COMPANY'S LIABILITY FOR DAMAGES SHALL NOT EXCEED THE GREATER OF (I) US$ 1.00 AND (II) THE MINIMUM AMOUNT PERMISSABLE UNDER APPLICABLE LAW.

6. Links to Third Party Websites This website may contain links to third-party websites. The linked sites are not under Company's control, and Company is not responsible for the contents or use of any linked site. Company provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Company. Customer shall not bring any claim against Company arising out of the use of the links or any third-party sites.

7. Digital Millennium Copyright Act Compliance; Notice of Claimed Copyright Infringement. Transplore! respects the rights of copyright holders and asks users of the Services and website to do the same. It is Transplore!’s policy, in appropriate circumstances and in its discretion, to disable and/or terminate Service and website accounts, memberships and/or access of users that may infringe or repeatedly infringe the copyrights of others. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17U.S.C. §512, as amended). If you believe in good faith that copyrighted work has been copied, adapted, reproduced or exhibited on this Website in a manner that constitutes copyright infringement, you may contact us at abuse@transplore.com. To be effective, the notification must include the following information: (a) an electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. In appropriate circumstances, we, at our sole discretion, may disable and/or terminate Service and website accounts, memberships and/or access of users where infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.

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Terms & Conditions
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