2. OWNERSHIP AND CONTENT
3. PERMITTED AND PROHIBITED USES
Using Convoflo or the Website for any unauthorized or unlawful purposes or in a way that infringes the rights of Knova Web or other users (collectively the “Users” and each a “User”) is strictly prohibited. Without limiting the foregoing, you agree not to engage in the following prohibited activities (collectively, the “Prohibited Uses”):
copy, imitate, reproduce, republish, upload, post, transmit, modify, index, mirror, translate, encode, exploit or distribute in any ways any part of Convoflo or the Website or create any derivative work therefrom for any commercial purpose without the express prior written consent of Knova Web;
use Convoflo or the Website to transmit, distribute, publish, upload, make available, reveal, store or destroy content (a) in violation of any applicable law or regulation, (b) in a manner that would infringe the intellectual property rights, privacy rights or other personal rights of others, or (c) in a manner that is unlawful, defamatory, obscene, vulgar, threatening, abusive, hateful, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
use any "deep-link", "page-scrape", "robot", "spider" or any other automatic program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Convoflo or the Website, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Convoflo or the Website;
violate or attempt to violate or compromise the security or integrity of Convoflo or the Website, including, without limitation, (a) accessing data or services offered on or through Convoflo or the Website that are not intended for you, or logging into a system, network, server or account which you are not authorized to access, whether by hacking, password "mining" or any other illicit or illegitimate means, (b) attempting without proper authorization to probe, scan or test the vulnerability of Convoflo or the Website or any system or network connected thereto, or to breach their security or authentication measures, (c) attempting by any means to interfere with the proper working of Convoflo, the Website or their use or access by other Users, including, without limitation, by taking any action known as "flooding", "spamming", "mailbombing" or "crashing", or (d) uploading invalid data, viruses, worms, or other software agents on Convoflo, the Website or any system or network connected thereto;
send unsolicited e-mails, spams, or chain letters to Users, including promotions and/or advertising of non-authorized products or services;
attempt to decompile, disassemble or reverse engineer any portion of Convoflo or the Website;
pretend that you are, or that you represent, someone else, or impersonate any other individual or entity while using Convoflo or the Website;
access Convoflo or the Website for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
reverse look-up, trace or seek to trace to its source any information on any other User, including any Convoflo account not owned by you; or
link the Website to any third-party website without the express written permission of Knova Web.
Prohibited Uses may result in civil or criminal liability. If you breach these restrictions, or otherwise exceed the scope of the licenses or other rights granted to you herein, you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. Knova Web will investigate occurrences which may involve such violations, will report them to law enforcement authorities having jurisdiction if needed and will cooperate with such authorities in prosecuting Users who are involved in such violations.
Knova Web reserves the right, at any time and without prior notice or liability to you or any other person, to (a) correct any error, inaccuracy or omission displayed on the Website, (b) change the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services or any other content displayed on the Website, and (c) change or discontinue any feature of Convoflo.
5. EQUIPMENT, ACCOUNTS AND SECURITY
Users are responsible for obtaining and maintaining all networks, computer hardware, software and other equipment needed to access and use Convoflo and the Website.
Convoflo is accessible only to Users who have created an account with a secret password. These passwords are used for authentication purposes, but Knova Web is not under any obligation to verify the identity or authority of a person using your password to access or use your Convoflo account. However, Knova Web may, at its sole discretion and at any time, deny the use of or the access to your account in case of any reasonable security concern.
6. USER CONTENT
Convoflo allows you to interact with other Users and to upload, exchange, share and submit data and content to the platform and to other Users (any such content or data a User submits, posts, displays, publishes, uploads or otherwise makes available on Convoflo is collectively referred to as the “User Content”).
You are solely responsible for any User Content that you decide to upload or share on Convoflo and for any interaction or communication that you may have with other Users. You may not, and by using Convoflo and the Website you agree not to, post or submit User Content:
- that violates third-party rights of any kind, including without limitation any rights of privacy and intellectual property rights;
- that may create a risk of harm, loss, physical or mental prejudice or injury, emotional distress, death or disability to any other person;
- that may create a risk of any loss or damage to any third-party property;
- that may constitute or contribute to a crime, tort or any other illegal action;
- that contains any information or content that is illegal, confidential, secret, privileged, or that you do not have a right to make available under any law or under contractual or fiduciary obligations;
- that contains any obscene, sexually-explicit, libelous, defamatory, threatening, harassing, abusive, hateful, racist, sexist or embarrassing information or material, or that is otherwise immoral or inappropriate;
- that discloses personally identifiable information or any private or personal matters concerning any person without such person’s consent;
- that contains any unsolicited business opportunities, chain letters, pyramid scheme or advertising;
- that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programs, algorithms, devices or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, computer, data or software.
7. THIRD-PARTY CONTENT
8. ACCESS INTERRUPTION
We may from time to time and without notice interrupt or stop (permanently or temporarily) your access to the Website or to Convoflo for maintenance or updating purposes, and Knova Web shall have no liability for any loss or damage caused by such interruptions. The Website and Convoflo may also be subject to limitations, delays and other problems inherent to your Internet network, your electronic communications or your use of an outdated web browser. Knova Web is not responsible for any such delays, delivery failures, data loss or other damages resulting from such problems, which you acknowledge are not under Knova Web’s reasonable control.
9. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
10. DISCLAIMER OF WARRANTIES
THE WEBSITE, CONVOFLO, THEIR CONTENT AND FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND KNOVA WEB EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MERCHANTABILITY, PERFORMANCE, DURABILITY, SECURITY AND RELIABILITY.
KNOVA WEB DOES NOT WARRANT THAT THE WEBSITE, CONVOFLO OR ANY OF THEIR COMPONENTS OR FEATURES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THEIR USE WILL PROVIDE SPECIFIC RESULTS OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR IN A SECURE MANNER. KNOVA WEB DOES NOT WARRANT THAT THE WEBSITE, CONVOFLO OR ANY FILE OR DATA THAT YOU DOWNLOAD THEREFROM ARE FREE OF COMPUTER VIRUSES, CONTAMINATION OR OTHER HARMFUL OR DESTRUCTIVE MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO THE WEBSITE OR TO CONVOFLO AND YOUR USE THEREOF IS MADE AT YOUR OWN DISCRETION AND RISK. YOU ASSUME TOTAL RESPONSIBILITY THEREFOR.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL KNOVA WEB BE LIABLE TO YOU OR ANY OTHER PERSON (AND YOU HEREBY AGREE TO RELEASE KNOVA WEB FROM ANY SUCH LIABILITY) ON ACCOUNT OF ANY ACCESS TO THE WEBSITE, CONVOFLO OR ANY USE OR MISUSE THEREOF. UNDER NO CIRCUMSTANCES SHALL KNOVA WEB BE LIABLE FOR ANY ALLEGED OR PROVEN DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEBSITE OR CONVOFLO, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, BUSINESS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ANY OTHER ECONOMIC LOSS, EVEN IF KNOVA WEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
13. GOVERNING LAW AND DISPUTE RESOLUTION
14. GENERAL PROVISIONS