Onyx Technology LLC
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR PLATFORM. BY USING OUR PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, THEN PLEASE DO NOT USE OUR PLATFORM.
1. Your Agreement
2. Your Consent to Our Privacy Practices
3. Registration; Password Protection
Certain portions of our Platform are only available to Registered Users. If you complete the registration process to become a Registered User, and have obtained a username and password, then we will treat anyone who uses your username and password as “you“. We will provide this user with all of the rights that we provide to you, and we will hold you responsible for the activities of anyone using your username and password. We recommend that you keep your username and password in strict confidence, and that you do not share this information with anyone who might “pretend” to be you with respect to the use of our Platform. Please notify us immediately if you suspect that someone is using your username and/or password inappropriately.
4. Ownership; Reservation of Rights
The information, software, video, audio, pictures, trademarks, text, logos, and other content on the Platform, and all other intellectual property embodied in the Platform (collectively, the “Onyx Content“) are the property of Onyx and its licensors and protected by copyright and other intellectual property laws, or used under the principles of fair use. Onyx and its licensors retain all rights with respect to the Platform and the Onyx Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Platform unless specifically authorized in writing by Onyx. The term Onyx Content expressly excludes Submitted Content.
5. Grant of Rights to You
Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable right to: (i) access and use all publicly available and, if expressly authorized, password-protected areas, of our Platform and Onyx Content in order to: (a) learn more about Onyx and the services and products that we offer; (b) provide Submitted Content to us through the Platform; (c) participate in and receive those Services that we make available to you; (d) download and print pages from our Platform; and (e) access other information that we make available through our Platform; and (ii) use our Apps in compliance with those features and functionality that we expressly make available to you (collectively, the “Permitted Uses“). You agree that: (1) the Platform and Onyx Content are made available solely for your personal, non-commercial use; (2) the Permitted Uses are solely for personal, non-commercial use; and (3) you shall not use the Platform or Onyx Content for any purpose other than the Permitted Uses .
6. Grant of Rights to Onyx in Your Content
6.1. Submitted Content
6.2. Right to Decline Submitted Content
6.3. Personal Information; PHI
7. Code of Conduct
By using our Platform, you agree to comply with these Terms and to otherwise comply with the following Code of Conduct, under which you shall not:
· Use the Platform for purposes that are unlawful, obscene, harmful, hateful, invasive of the privacy of others, objectionable, or otherwise prohibited by these Terms.
· Use the Platform in a manner that could disable, overburden, or impair the Platform or interfere with another party’s use and enjoyment of the Platform, such as through sending “spam.”
· Seek to obtain access to any Services, materials, accounts, or information through hacking, data harvesting, data mining, or through other means we have not intentionally made available to you through the Platform.
· Infringe Onyx’s or any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
· Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Information. Use the Platform to test or reverse engineer the Platform in order to find limitations, vulnerabilities, or to evade filtering capabilities.
· Seek to obtain access to any materials or information through “hacking”, “data harvesting”, or through other means we have not intentionally made available to you through the Platform.
· Use the Platform for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
8. Links to Third-Party Sites
The Platform may contain links to third party websites (the “Linked Sites“). Linked Sites may include websites operated by third parties that we engage to provide certain services to you on our behalf. Onyx does not own these Linked Sites and does not assume any responsibility or liability for any content, opinions, or material available on Linked Sites, or such Linked Sites’ privacy practices with respect to information that you provide via the Linked Sites. Onyx does not endorse the content of any Linked Site or warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Platform to link to another site (including Linked Sites), you agree that such use is at your own risk.
9. User Conduct; User Disputes
Onyx is not responsible or liable for Submitted Content or user conduct. You are solely responsible for your Submitted Content, conduct, and interaction with other Platform users, both online or offline. If you have a dispute with another user, then you release Onyx (and our officers, directors, agents, employees, and affiliates) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
10. Warranty Disclaimer
ONYX DOES NOT PROMISE THAT THE PLATFORM OR ONYX CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED. THE PLATFORM AND ONYX CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE PLATFORM OR ONYX CONTENT, YOU DO SO AT YOUR OWN RISK. ONYX DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.
ONYX DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE PLATFORM (INCLUDING ONYX CONTENT); AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE PLATFORM (INCLUDING ONYX CONTENT), INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM AND ONYX CONTENT IS AT YOUR SOLE RISK.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL ONYX BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PLATFORM OR ONYX CONTENT.
13. Contact for Alleged Copyright Infringement
Onyx respects the intellectual property rights of others and requires that its users do the same. If you believe that any content (including Submitted Content and Onyx Content) on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright, please notify us as follows:
Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA“). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
We have implemented a repeat infringer policy to address instances in which a particular user is subject to multiple DMCA notifications (the “Repeat Infringer Policy“). If we determine that a user has violated our Repeat Infringer Policy, then we may take, in our sole discretion, any number of steps including, but not limited to, issuing warnings to the applicable user, suspending or terminating that user’s account, and any other interim measures that we deem appropriate.
14. Modifications to these Terms
From time to time, we may change these Terms for our business purposes and to comply with changes in applicable law. In the event of substantive or material changes, we may communicate these changes to you by posting the updated Terms on the Platform and/or notifying you of the change via the Platform, email, or other methods. Any changes to these Terms shall take effective proactively and, regardless of whether we have provided you with notice other than by posting updated Terms on the Platform, your subsequent acceptance of these Terms pursuant to Section 1 (Your Agreement) constitutes your agreement to be bound by the Terms, as updated.
These Terms shall not be assignable by you, either in whole or in part, without our prior written consent. Onyx reserves the right to assign its rights and obligations under these Terms without your consent.
In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive any termination or expiration of these Terms and shall apply indefinitely: (i) Section 4 (Ownership; Reservation of Rights); (ii) Section 10 (Warranty Disclaimer); (iii) Section 11 (Limitation of Liability); (iv) Section 12 (Indemnity); (v) Section 15 (Assignment); and (vi) Section 16 (General).
The term “HIPAA” means the Health Insurance Portability and Accountability Act of 1996. The HIPAA Privacy Rule standards address the use and disclosure of Protected Health Information by organizations subject to the Privacy Rule.
18.2. Personal Information
The term “Personal Information” means any information that can be used to identify an individual, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual, and any other information that we associate with it.
18.3. Protected Health Information or PHI
19. Additional Terms
Certain portions of the Platform may be subject to additional or different terms and conditions. We will notify you if the a portion of the Platform is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such portion of the Platform if you do not agree with the differing terms and conditions.
21. Contact Us
If you have any questions about these Terms, our practices, or your dealings with the Platform, then please contact us using the information below, or by other means of communication as described on our Platform: firstname.lastname@example.org
22. Effective Date
23. Copyright and Legal Notice
© 2020 Onyx Technology LLC. All Rights Reserved.