Fully comply with all applicable laws and any other contractual terms which govern your use of the Caramella Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
Be solely responsible and liable with respect to any of the uses of the Caramella Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Caramella Services);
Regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
Receive from time to time promotional messages and materials from Caramella or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
Allow Caramella to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Caramella’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Caramella or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
Caramella’s sole discretion as to the means, manner, and method for performing the Caramella Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
Caramella shall have the right to offer the Caramella Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Caramella Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.
You undertake and agree not to:
Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Caramella Website, the Caramella Services (or any part thereof), any Content offered by Caramella or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Caramella’s prior written and specific consent and/or as expressly permitted under the Caramella Terms;
Submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Caramella or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
Use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
Phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
Upload, insert, collect or otherwise make available within the Caramella Website or the Caramella Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
Publish and/or make any use of the Caramella Services or Licensed Content on any website, media, network or system other than those provided by Caramella, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Caramella Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Caramella, in advance and in writing;
Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Caramella Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Caramella Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Caramella Services;
Act in a manner which might be perceived as damaging to Caramella’s reputation and goodwill or which may bring Caramella into disrepute or harm;
Purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Caramella or Caramella Marks and/or variations and misspellings thereof;
Impersonate any person or entity or provide false information on the Caramella Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Caramella and/or any End Users;
Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Caramella or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
Reverse look-up, trace, or seek to trace another User of Caramella Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Caramella Services and/or User Platform without their express and informed consent;
Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Caramella Services, User Platform, the account of another User(s), or any other systems or networks connected to the Caramella Services, by hacking, password mining, or other illegitimate or prohibited means;
Probe, scan, or test the vulnerability of the Caramella Services or any network connected to the Caramella Services;
Upload to the Caramella Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Caramella Services or Caramella’s systems or networks connected to the Caramella Services, or otherwise interfere with or disrupt the operation of any of the Caramella Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
Use any of the Caramella Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
Access to Caramella Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
Sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Caramella Services, except as expressly permitted by the Caramella Terms;
Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Caramella Services and/or Licensed Content; or
Violate, attempt to violate, or otherwise fail to comply with any of the Caramella Terms or any laws or requirements applicable to your use of the Caramella Services.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.