This General Posting and Acceptable Use Terms supplements and amends the Agency Services Program Supplement to the Master Agreement (the “Agreement”) as set forth herein. Capitalized terms not otherwise defined herein will have the meanings given to them in the Agency Services Program Supplement.
- If Organization provides or transmits to EAB any communications, or provides, posts or uploads any content in connection with the Services via the user interface, including any data, audio, photographs, 360° panoramas, videos, questions, comments, suggestions, or the like (“Organization Materials”), all such Organization Materials are, and will be treated as, non-confidential materials for display in connection with the Services. Pursuant to the terms of the Agreement, Organization hereby grants to EAB a non-exclusive, royalty free, worldwide, non-transferable and non-assignable (except to the extent that the Agreement itself may be assigned if approved in writing by Organization) and non-sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display the same throughout the world in any media as provided in the Agreement.
- For Organization Materials provided to EAB, or posted or uploaded by Organization in connection with the Services, Organization agrees that the providing or transmitting, or posting or uploading of such Organization Materials shall be in accordance with applicable international, federal, state and local laws and that Organization will not transmit or post or upload anything that would give rise to any civil or criminal liability for any party or otherwise violate any applicable law. Organization will not post any proprietary product, marketing, advertising or other similar ideas in connection with the Services.
- Organization may not provide or transmit, or post or upload, anything that (a) violates the copyright, privacy, confidentiality, publicity or intellectual property rights of any person or reveals any information that should be known to the user to be confidential or proprietary, (b) is false, misleading, defamatory, obscene, indecent, threatening, harassing, harmful or that could constitute an incitement to unlawful conduct or (c) violates any acceptable use policy that EAB may provide to Organization.
- EAB will periodically review the contents of the Organization Materials posted or uploaded by Organization and reserves the right to remove or edit such content after, if practicable, providing reasonable written notice to Organization with an opportunity to cure, but shall have no obligation to do so.
- Organization represents and warrants that Organization owns or otherwise controls all of the rights to the Organization Materials that are provided, transmitted, posted or uploaded by Organization; that the content in the Organization Materials is accurate, that use of the content in the Organization Materials does not violate the Agreement, will not cause injury to any person or entity and will not infringe upon the rights of any third party. EAB takes no responsibility and assumes no liability for any content that is provided or transmitted to EAB, or posted or uploaded in connection with the Services, by Organization.
- EAB does not grant Organization a license to download or modify any information from the Services or modify the Services or any portion of the Services without the express written consent of EAB.
- Other than as otherwise set forth herein, EAB does not grant Organization a license for any resale or commercial use of the Services or the EAB website (eab.com) (the “EAB Website”), or its contents; any derivative use of the Services or the EAB Website or its content; any downloading or copying of the Services or the EAB Website for the benefit of another merchant; or any use of data mining, robots or similar gathering and extraction tools.
- Other than as otherwise set forth herein, Organization may not use the Services or the EAB Website or post any Organization Materials on any Platform or EAB Website of a commercial nature without the prior written consent of EAB, including, but not limited to, junk mail, spam, chain letters or any other form of solicitation not directly related to the purposes of the Services or the EAB Website.
- The Services, the Materials and EAB Website and any portion of the same may not be reproduced, copied, duplicated, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of EAB.
- Organization may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information of EAB or any of its suppliers without the prior express written consent of EAB. Organization may not use any meta tags or other “hidden text” utilizing the EAB Trademarks without EAB’s prior written consent.
- Except as expressly permitted in the Agreement, Organization is expressly forbidden to sell, trade or distribute the content of the Services, the Materials or the EAB Website or any data obtained from it to anyone.
- To the extent that the Services include Content Licensing and/or 360 Photo Licensing, Organization is expressly prohibited from posting any Materials in connection with any products or services that have a similar purpose to or overlapping functionality with, or in any way competes with (or could compete with) any Services.
- Except as expressly permitted in the Agreement, in no event may the EAB Website or the Services or Materials be used or linked to any third party charging a fee for access to the EAB Website or Services or for access to any information gathered therein, including, without limitation, any product or pricing information.
- The use of the Materials by Organization, or anyone else authorized by Organization, is prohibited unless specifically permitted herein or specific permission is provided elsewhere on the EAB Website, and any unauthorized use of the same may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes and will automatically terminate the permission or license granted to Organization by EAB.
- EAB may form relationships with other third parties or sites on the Internet that promote the company on their sites and its service. EAB shall make all reasonable efforts to ensure these third parties post accurate and complete data, however, there may be instances when information on the EAB Website contains inaccurate or incomplete data, including data about the price and availability of the Services. Any concerns regarding such third party content should be directed to EAB for resolution.
- Organization may not use, post or transmit any devise, software, routine, virus, spam, mass e-mail commercial material, corrupted data or otherwise attempt to or intend to interfere with or damage the proper workings of the EAB Website or the Services, or any activity that is conducted at the EAB Website or the Services or to damage or intercept any data or information at the EAB Website or the Services. Organization may not delete or revise any material posted by EAB at the EAB Website. Organization may not violate or attempt to violate the security, efficiency, reliability or integrity of the EAB Website or its contents in any way.
- EAB may post advertisements and/or other promotions that do not require any action by Organization on the EAB Website. If there are advertisements and/or promotions that require any action by Organization, EAB agrees that it will obtain the consent of Organization prior to posting any such advertisement and/or promotions. EAB shall not include Organization’s name or logo in any advertisements, promotional, or marketing which would express or imply Organization’s endorsement of EAB or any affiliate.