YOUR PROFILE AND ACCOUNT
It is Your responsibility to maintain the confidentiality of any password associated with Your use of the Plasticity User Community, and You are responsible for any activities in Your Plasticity User Community accounts. You agree that We may send You information and notices regarding the Plasticity Inc. User Community and Your Plasticity User Community accounts by email, text messaging or other means based on the information You are responsible for all of Your activities in the Plasticity User Community. You shall treat other Plasticity User Community users with courtesy and respect. You shall not: Impersonate any other person; Falsely say or imply that You are associated with another person or entity; Submit content in exchange for payment or other consideration from another person or entity; Collect information about other Plasticity User Community users without their consent; or Submit or link to any content (including any name or User ID You use in the Plasticity) which:
Except as set out in the Order Form, the Subscription Right is granted to the Customer exclusively for the internal use of the Customer and its Users. The Customer shall not, and shall not permit or suffer Users, directly or indirectly, to do any of the following acts (each an “Illegal Act” and collectively, the “Illegal Acts”):
(i) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of Platform Services;
(ii) modify, translate, or create derivative works based on Platform Services;
(iii) rent, lease, distribute, license, sublicense, sell, resell, assign, or otherwise commercially exploit Platform Services or make Platform Services available to a third party other than as contemplated in this Agreement;
(iv) use Platform Services for timesharing or service bureau purposes or otherwise for the benefit of a third party;
(v) publish or disclose to third parties any evaluation of Platform Services without Plasticity’s prior written consent; (vi) create any link to Platform Services or frame or mirror any content contained or accessible from, Platform Services; or
(vii) violate any local, state, provincial, federal or foreign law, treaty, regulation or convention applicable to the Customer in connection with Users’ use of Platform Services, which may include without restriction, the CAN-SPAM Act of 2003 (U.S.A.), the Personal Information Protection and Electronic Documents Act (PIPEDA) (Canada) and any other applicable legislation in Canada enacted from time to time related to privacy, publicity, data protection, electronic communications and anti-spamming laws (and, without limiting the generality of the foregoing, Customer is solely and exclusively responsible for the collection, accuracy, currency, quality, legality, completeness and use of Customer Data that is stored on the System, disclosed to or used by Customer, Users or other authorized service providers in connection with Platform Services).
The Customer shall not and shall not permit or suffer the Users to do any of the following acts (individually, a “Prohibited Act”, and collectively, “Prohibited Acts”):
(i) wilfully tamper with the security of the Systems or tamper with other customer accounts of Plasticity Inc. Inc.,
(ii) access data on the System not intended for the Customer,
(iii) log into a server or account on the System that the Customer is not authorized to access,
(iv) attempt to probe, scan or test the vulnerability of any Systems or to breach the security or authentication measures without proper authorization;
(v) wilfully render any part of the Systems unusable.
Ownership of Customer Data and Confidentiality.
Customer Data. Confidential Information.
Customer retains all right, title and interest in and to all Customer Data, subject to the license rights granted to Plasticity necessary to provide Platform Services, Professional Services and Support under this Agreement. In particular, Customer grants Plasticity a non-exclusive royalty-free right to use, access and modify the Customer Data as required to provide the Platform Services, Professional Services and Support. Customer will identify an individual, employed or otherwise authorized by Customer, to respond to enquiries by Plasticity concerning any Customer Data provided to Plasticity and to promptly address all enquiries concerning such information.
As used herein, “Confidential Information” means all confidential information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”), that is designated in writing as confidential as well as Customer Data and the terms and conditions of this Agreement (including pricing and other terms reflected in all Order Forms hereunder). The Receiving Party agrees to keep confidential all Confidential Information disclosed to it by the Disclosing Party, and to protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of Confidential Information). Plasticity will restrict access to Customer’s Confidential Information to only those Plasticity employees, consultants and/or subcontractors necessary to successfully provide Platform Services, Professional Services and Support. Plasticity shall cause each of its consultants and subcontractors who may provide Platform Services, Professional Services and Support to the Customer to enter into a confidentiality agreement in favour of the Customer on terms and conditions similar to this Section. Confidential Information shall not include information which: (a) is known publicly; (b) is generally known in the industry before disclosure; (c) has become known publicly, without fault of the Receiving Party, subsequent to disclosure by the Disclosing Party; or (d) has been otherwise lawfully known or received by the Receiving Party.
In receiving Customer Data from the Customer, Plasticity agrees that:
(i) all such Customer Data shall be used only in the manner and for such purposes that Customer and Plasticity have agreed upon in writing; and
(ii) Plasticity, as requested or directed by Customer, shall either return to the Customer or destroy such Customer Data provided by the
Customer to Plasticity This Section 6.2 will not be construed to prohibit the disclosure of Confidential Information if such disclosure is required by law or order of the court or other governmental authority. The parties agree to give the other party prompt notice of the receipt of any subpoena or other similar request for such disclosure. Plasticity and other marks of Plasticity used on the Plasticity User Community are owned by Us and may not be used in any manner without Our express prior written consent pursuant to Our Trademark and Copyright Usage
THE PLASTICITY USER COMMUNITY IS PROVIDED “AS-IS,” EXCLUSIVE OF ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONTENT POSTED BY ANYONE OTHER THAN US ON THE PLASTICITY USER COMMUNITY IS THE SOLE RESPONSIBILITY OF THE ORIGINATOR OF THAT CONTENT. WE ARE NOT RESPONSIBLE FOR ANY CONTENT POSTED BY YOU OR ANY THIRD PARTY, WHETHER OR NOT WE REVIEWED OR MODERATED SUCH CONTENT. CONTENT POSTED BY US ON THE PLASTICITY INC. USER COMMUNITY PAGES ARE NOT PART OF ANY USER GUIDE OR LEGAL AGREEMENT. ALL SUCH AFOREMENTIONED CONTENT IS PROVIDED “AS-IS”, AND WE DO NOT MAKE ANY REPRESENTATION AS TO ITS QUALITY OR ACCURACY, AND WE SPECIFICALLY DISCLAIM THE ACCURACY, COMPLETENESS, RELIABILITY, USEFULNESS, NONINFRINGEMENT, QUALITY OR ORIGINALITY OF SUCH CONTENT. WE DISCLAIM ANY RESPONSIBILITY WHATSOEVER FOR ANY CONTENT OR MATERIAL ON THE PLASTICITY USER COMMUNITY REGARDLESS OF WHO ORIGINATED THAT CONTENT (INCLUDING OUR EMPLOYEES, PARTNERS, AFFILIATES OR MODERATORS). YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING UPON CONTENT ON THE PLASTICITY USER COMMUNITY, INCLUDING FEATURE REQUESTS AND CONTENT ON THE PLASTICITY INSTANCE. IN NO EVENT SHALL WE HAVE ANY LIABILITY HEREUNDER TO YOU FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH.
You agree to indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, and employees harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from: