Acceptable Use Policy

Last updated: January 31, 2017

  1. Registration and Privacy

    Account and Registration. Prior to using the Services, Viewpath may require certain information (“Registration Data”) to create an Account. In certain circumstances, Viewpath may issue You one or more subaccounts in connection with Your Account, and any such Viewpath-authorized subaccount(s) shall be deemed an Account for purposes of this Acceptable Use Policy. When You establish an Account, You will be prompted to make selections about which Services You desire Viewpath to provide with respect to the input, presentation, management, distribution and end user access to the Content. For the purposes of this Acceptable Use Policy, “Content” means any and all information, data, code, video, images, text, documents or other materials of any type that you upload, post, email, transmit, submit or otherwise make available to or through the Service, regardless of whether it is publicly posted or privately transmitted. You may use the Service to edit this information; provided, however, that the last preferences reflected in the Account shall be conclusive with respect to Viewpath’s provision of the Services hereunder. You are responsible for all activity occurring under Your Account (and any subaccounts) including, without limitation, the confidentiality and use of Your user identification and passwords. Failure to provide all required data to create an Account may prevent access to any or all Services, and failure to maintain and update accurate, current and complete Registration Data may be deemed a breach of this Acceptable Use Policy that may result in suspension or termination of access to any or all Services. All Registration Data becomes the exclusive property of Viewpath, its affiliates, successors in interest, and subsidiaries. Viewpath reserves the right to use and reuse all Registration Data and other personally identifiable user information subject to its Privacy Policy. Viewpath shall use commercially reasonable efforts to protect and maintain all Registration Data in the manner described in the Privacy Policy. You may edit or update their personally identifiable Registration Data at any time by following the instructions located in the Privacy Policy at http://viewpath.com/PrivacyPolicy.

    1. Password. Access to the Account and many Services requires a secure, individual password. You must protect Your passwords from disclosure or unauthorized use and You are fully responsible for all activities that occur under Your password. In the event of a suspected or actual breach of security related to Your password and/or any Services, You must (i) immediately notify Viewpath of any unauthorized use of Your password or Account or any other breach of security, and (ii) ensure that You exit from Your account at the end of each session. Viewpath is not liable for any loss or damage resulting from Your failure to comply with the security requirements herein of any Account or Your failure to maintain the confidentiality of passwords.
    2. Termination/Suspension of Account. Viewpath may immediately terminate or suspend access to the Account(s) and/or remove a particular item of Content based on conduct that Viewpath has reasonable belief (which may be based on information provided by third parties) may include or involve, without limitation: (i) violation of third party rights such as copyright, trademark and rights of privacy and publicity; (ii) violation of Viewpath’s Prohibited Activities or restrictions on Prohibited Content (each as further described in this Acceptable Use Policy); (iii) interference with the proper functionality of any or all the Services; and/or (d) unlawful conduct in any local, state, federal or foreign jurisdiction.
  2. Restrictions And Other Obligations

    1. Service(s) Restrictions. You are expressly prohibited from: (i) selling, renting, leasing, sublicensing, assigning, or otherwise transferring or distributing any copies of the Service(s) to third parties or otherwise exploiting, using and/or accessing the Services (or any portion thereof) in any way not expressly permitted herein; (ii) modifying, translating, reverse engineering, decompiling, or disassembling the Services or altering any accompanying documentation; (iii) creating derivative works based upon the Services; (iv) altering, destroying or otherwise removing any proprietary notices, images or logos displayed, provided on or embedded within the Services; (v) restricting or inhibiting others use or enjoyment of the Services; (vi) gaining unauthorized access to other Accounts; (vii) impersonating or otherwise misrepresenting any person or entity, or making false or misleading indications of origin or fact; (viii) interfering with or disrupting the Services or Viewpath’s servers or networks connected thereto, or disobeying any requirements, procedures, policies or regulations of networks connected to the Services; (ix) collecting or storing personally identifying information about other users for commercial or unlawful purposes; (x) impersonating any person or entity, including, but not limited to Viewpath (or one of its vendors’) officials, employees, or falsely stating or otherwise misrepresenting Your affiliation with a person or entity or employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Services; (xi) any activities that constitute or aid in software piracy, including but not limited to making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content and (x) engaging in any action that could reasonably interfere with the functionality or integrity of the Services.. All of the foregoing prohibited activities set forth in this Section 2 are individually and collectively referred to herein as “Prohibited Activities”.
    2. Content Restrictions and Obligations. Nothing in this Acceptable Use Policy shall be construed to grant, by implication, estoppel, or otherwise, any license or right to use any third party Content accessed via the Services without the prior express permission of the content owner. Any and all rights not expressly granted herein are reserved to Viewpath, its licensors, suppliers, resellers, or third party content owners. All Content is the sole responsibility of the person from whom such Content originated. This means that you, and not Viewpath, are entirely responsible for all Content that you upload, post, email, transmit, submit or otherwise make available via the Service. Viewpath does not control the Content posted via the Service and does not have access to such Content (except account-related information or unless authorized by you). As such, Viewpath does not and cannot guarantee or endorse the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable or illegal in your jurisdiction. Under no circumstances will Viewpath 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 uploaded, posted, emailed, transmitted, submitted or otherwise made available via the Service.
    3. Prohibited Content. You agree to not use the Service to: (i) upload, post, email, transmit, submit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, under any applicable laws; (ii) harm minors in any way; (iii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) disguise the origin of any Content transmitted through the Service; (v) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any applicable 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); (vi) upload, post, email, transmit or otherwise make available any Content that infringes any rights of any other party, including, without limitation, patent, trademark, trade secret, copyright or other proprietary rights; (vii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", or any other form of solicitation; (viii) 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; (ix) act in a manner that negatively affects other users' ability to use the Service; (x) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (xi) intentionally or unintentionally violate any applicable local, state, national or international law; (xii) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. All of the foregoing prohibited uses set forth in this Section 2(c) are individually and collectively referred to herein as “Prohibited Content”.
    4. Other Legal Restrictions. The Services may not be used to intentionally or unintentionally violate any applicable local, state, national or international law, including, without limitation, 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 or use Viewpath or the Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities, or upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market. You agree to comply with all applicable laws, rules and regulations that apply to their use of the Services. You, and not Viewpath, shall be responsible for ensuring that Your use of the Service does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, without limitation, U.S. law, regarding the transmission of copyrighted, trademarked Content or personally identifiable information or controlled technical data. You shall not (i) fail to complete any transaction after submitting an order to purchase any goods or services, subject to any specific terms and conditions governing such transactions, (ii) submit any order to purchase goods or services where You do not intend to complete the transaction, or (iii) purchase any goods or services that You are prohibited from purchasing or possessing by any law applicable to You in Your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, You represent and warrant that You have the legal right to purchase such goods or services.
  3. Definitions.

    All capitalized terms used herein shall have the meanings set forth above and as further provided in the Terms of Service located at www.Viewpath.com/TOS. Viewpath is a registered trademark of Viewpath, LLC.