Better Together! Dalet Acquires Ooyala Flex Media Platform business.
In general, acceptable use means respecting the rights of other computer users, the integrity of physical facilities and all pertinent license and contractual agreements. If a user is found to be in violation of the AUP, Dalet may take action, up to and including the restriction and possible loss of account privileges and access to services and products. Users are also subject to federal, state and local laws governing many interactions that occur on the Internet.
This document establishes specific requirements for the use of Dalet services and products. Dalet reserves the right to change this AUP at any time by posting a revision at www.dalet.com/legal.
(b) Password. Access to your account and many services and products 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 or products, you must (i) immediately notify Dalet 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. Dalet 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.
(c) Termination/Suspension of Account. Dalet may immediately terminate or suspend access to the account(s) and/or remove a particular item of content based on conduct that Dalet 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 Dalet’s Prohibited Activities or restrictions on Prohibited Content (each as further described herein); (iii) interference with the proper functionality of any or all the services and products; and/or (d) unlawful conduct in any local, state, federal or foreign jurisdiction.
(a) Services and Products Restrictions. You are expressly prohibited from: (i) selling, renting, leasing, sublicensing, assigning, or otherwise transferring or distributing any copies of the services or products to third parties or otherwise exploiting, using and/or accessing the services and products (or any portion thereof) in any way not expressly permitted herein; (ii) modifying, translating, reverse engineering, decompiling, or disassembling the services and products or altering any accompanying documentation; (iii) creating derivative works based upon the services and products; (iv) altering, destroying or otherwise removing any proprietary notices, images or logos displayed, provided on or embedded within the services and products; (v) restricting or inhibiting others use or enjoyment of the services and products; (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 and products or Dalet’s servers or networks connected thereto, or disobeying any requirements, procedures, policies or regulations of networks connected to the services and products; (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 Dalet (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 and products; (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 (x) engaging in any action that could reasonably interfere with the functionality or integrity of the services and products (xi) exporting the services or products in an illegal manner or (xii) introducing viruses, malicious code, denial of service attacks, or any other mechanism meant to disrupt any network or product. All of the foregoing prohibited activities set forth in this Section 2 are individually and collectively referred to herein as “Prohibited Activities”.
(b) Content Restrictions and Obligations. Nothing in this AUP shall be construed to grant, by implication, estoppel, or otherwise, any license or right to use any third party content accessed via the services and products without the prior written permission of the content owner. Any and all rights not expressly granted herein are reserved to Dalet, its licensors, suppliers, resellers, or third party content owners. You are solely responsible for all matters arising out of or in connection with content including, without limitation, compliance with all applicable laws, rules and regulations, and obtaining all third party consents and other rights, approvals, licenses, consents, waivers, and other permissions necessary for the services and products to be utilized hereunder and Dalet is not responsible for the: (i) selection, acquisition, distribution and licensing of content; or (ii) acquisition and payment of any third party licenses, rights clearances or other permissions needed from unions, guilds or other entities to use content in the manner authorized by you in your account. You are solely responsible for maintaining copies of the content and shall take precautionary measures to backup and protect it. Dalet has no obligation to provide you (or any third party) with backup or archival copies of any content uploaded or distributed via the services and products.
(c) Prohibited Circumvention of Publishers’ Ownership Rights. You may, in your account, indicate your preference to distribute content via one or more online publisher(s) (each a "Publisher"), and in such case you assume all risks and liabilities associated with the distribution of content to such Publishers. You acknowledge and agree that your rights to view the Publisher content that you provide and/or access on or through the services and products are strictly limited to the terms of those rights that you obtained in connection with your acquisition of the content itself. Except as permitted expressly by such rights, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any content obtained through the services and products, including, without limitation, by incorporating data and or content from the services and products into any e-mail, search, catalogue, directory, or other "white pages" products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or other form of unlawful behavior for which you may be held criminally and/or civilly liable.
(d) Prohibited Content. You shall not use the services and products to upload, download, post, e-mail, transmit, transfer, distribute, display or link to content that: (i) promotes illegal activity, or provides instructions for illegal activity; (ii) exploits images or discloses personally identifiable information of children under eighteen (18) years of age or otherwise harms minors in any way; (iii) you do not have the right to use for the purposes of the services and products, including to content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships including but not limited to inside information and confidential information learned or disclosed as part of employment or agency relationships or pursuant to nondisclosure agreements; (iv) is unlawful, harmful, threatening, abusive, violent, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful or racially, sexually, ethnically or otherwise objectionable; (v) infringes the intellectual property or proprietary rights of any third party or contributes to inducing or facilitating such infringement.; (vi) is in any way related to any raffle, sweepstakes, contest or game requiring a fee by participants; (vii) directly or indirectly is used for "junk mail", "spam", "chain letters", "pyramid schemes", or any other like form of solicitation; (viii) contains any malicious or invasive software, or that could diminish the quality of, interfere with the performance of, or impair the functionality of the services and products; or (ix) contains advertising or offers for sale for, or sells any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertising, offers for sale, or sales any of the following items: Any firearms, explosives, or weapons; any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants; any alcoholic beverages; any tobacco products for human consumption, including, without limitation, cigarettes and cigars, any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature; any controlled substances or pharmaceuticals; any items that are counterfeit or stolen; any dangerous items; any goods or services that do not, in fact, exist; any registered or unregistered securities; any items that violate or infringe the rights of other parties; any items that you do not have the legal right to sell; any items where doing so through Dalet or the services and products would cause Dalet to violate any law. All of the foregoing prohibited uses set forth in this Section 2(d) are individually and collectively referred to herein as “Prohibited Content”.
(e) Other Legal Restrictions. The services and products may not be used to intentionally or unintentionally violate any applicable local, state, national or international law, including, without limitation, regulations promulgated by or any rules of any national or other securities exchange, including, without limitation, Euronext, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law or use Dalet or the services and products 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 and products. You, and not Dalet, shall be responsible for ensuring that Your use of the services and products do not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, without limitation, laws, regarding the transmission of copyrighted, trademarked content or personally identifiable information or controlled technical data.
(f) Age Restriction and Responsibility for Minors. Use of the services and products is not intended for persons under the age of 18 (“Minors”). Minors are not authorized by Dalet to use the services and products, even if Minors set up an account or accept the terms of any agreement. Parents or guardians may authorize Minors between the ages of 13 and 17 to use the services and products, provided they assume all responsibility and legal liability for the conduct of such Minor including, without limitation, monitoring the Minor's access and use of the services and products. If Dalet learns that anyone under the age of 13 is using the services and products, Dalet will require verified parental or guardian consent.