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Legal Notices

Terms of Use

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Indemnification

  • You agree to indemnify, defend, and hold harmless ENDIVA Software, Inc. and its officers, employees, sponsors, licensors, independent contractors, providers, agents, subsidiaries, affiliates and other partners (collectively. the "Indemnified"), from and against any and all liabilities, damages, actions, causes of action, suits, claim, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and court costs) incurred by the Indemnified in connection with any claim arising from, in, or out of any connection with your Content, your use or connection to ENDIVA web tools, and any breach by you of any provision of these Terms.
  • You agree to cooperate as fully as reasonably required in the defense of any such claims. ENDIVA Software, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any claim without the written consent of ENDIVA Software, Inc.

Content Posted on Web Site

By transmitting, uploading, posting or submitting any Content to Web Sites that are based by ENDIVA web tools, you declare such Content is not confidential, secret or proprietary information and warrant that no other party has rights to the Content and that your transmission, posting, uploading or submission of such Content to the Web Site does not violate any copyright or other laws.

ENDIVA Software, Inc. does not and is not under any obligation to actively monitor or review the contents uploaded, posted, submitted, transmitted or made available on or through the ENDIVA web tools by all users. ENDIVA Software, Inc. shall not be responsible in any way for any such Content and does not guarantee the accuracy, usefulness, integrity, quality or availability of such contents. ENDIVA assumes no responsibility or liability arising from any content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. By using the ENDIVA web tools you may be exposed to Content that is offensive, indecent or otherwise objectionable. You must evaluate, determine, and bear the risk associated with, the accuracy, completeness or usefulness of any such Content. ENDIVA Software, Inc. reserves the right, in the exercise of its sole discretion but without any obligation, to remove from the Internet the ENDIVA powered Web Site that violates these Terms or is otherwise objectionable in the sole opinion of ENDIVA Software, Inc.

User Conduct.

All users, including Licensees, Public Users, and any users that upload any and all information, data, text, files, links, software, music, sound, photographs, graphics, videos or messages or other materials and modes of expression (contents) onto the web site using ENDIVA web tools, whether publicly posted or privately transmitted, understand that all contents they upload, post or otherwise transmit via the ENDIVA web tools are their sole responsibility and may be held legally liable for all such contents.

Prohibited conducts include, but are not limited to:

  • transmission, uploads or postings via the ENDIVA web tools any Content that is offensive, vulgar, sexually explicit, racial, discriminatory, unlawful, invasive of another's privacy, pornographic, identifiable information pertaining to a minor, information that is harmful, threatening, abusive, harassing, defamatory, libelous, obscene, scandalous, inflammatory, or otherwise objectionable, or information or instructions concerning illegal activities or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law.
  • transmission, uploads or postings via the ENDIVA web tools any Content that are prohibited from transmitting by any law, including without limitation Content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any third party;
  • transmission, uploads or postings via the ENDIVA web tools any Content that contains software viruses, worms or any other computer code, files or programs designed to detrimentally interfere, expropriate, interrupt, destroy or limit the functionality and security of any computer software or hardware or telecommunications equipment;
  • disruption of normal flow of Content available on or through the ENDIVA web tools or interfere with or disrupt the functionality of the ENDIVA powered Web Site or the ENDIVA Software, Inc. servers, directories, databases or listings;
  • transmission, uploads or postings via the ENDIVA web tools any hidden pages or images or any unsolicited advertising, promotional materials or any other forms of solicitation (SPAM);
  • falsification of user or other service related information, including, but not limited to, intentionally omitting, deleting, forging or misrepresenting transmission information, provided to ENDIVA or engaging in any activities or actions intended to withhold or mask Licensees or its End Users identity or contact information; or,
    intentional or unintentional violation of any applicable local, state, national or international law, statute, rule, ordinance or regulation.

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