Last Updated: March 10, 2020
1. Permitted Use
3. Data You Upload To Us
You grant to us a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that: (a) you load, transmit to or enter into the Pequity Platform; or (b) we collect from your local computer system or mobile device or from third parties with your permission, and (in each case) including all results from processing such data, information, records and files, including compilations, and derivative works thereof, including for the purpose of: (i) providing the Pequity Services and making available the Pequity Platform; (ii) complying with applicable law; and (iii) complying with our reasonable audit and data retention policies.
4. User Account for Pequity Platform
You may be required to successfully sign up for a user account (the “User Account”) using the available interfaces at the Pequity Platform and be issued with, or create your own, username and password login credentials (the “User ID”) in order to use the Pequity Platform. If you are issued with a User ID or if you customize this User ID, you will keep your User ID secure and will not share your User ID with anyone else. We reserve the right to disable any User Account issued to you at any time in Pequity’s sole discretion. If we disable access to a User Account issued to you, you may be prevented from accessing the Pequity Platform, or your account details.
5. Term and Termination
The Pequity Platform, including (without limitation) all designs, graphics, pictures, illustrations, software, artwork, videos, music, sounds, names, words, titles, phrases, logos and marks displayed on the Pequity Platform, are owned or licensed by us and are protected by copyright, trade-mark and other intellectual property laws.
All contents of the Pequity Platform are: © 2020 Pequity Inc.
8. No Unlawful or Prohibited Use
You will not, without our prior written permission, use the Pequity Platform for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not (and will not attempt to): (a) “frame”, “mirror”, “deep-link” or otherwise incorporate the Pequity Platform or any part thereof on any website; (b) access, monitor or copy any part of the Pequity Platform using any robot, spider, scraper or other automated means; (c) violate the restrictions in any robot exclusion headers on the Pequity Platform or bypass or circumvent other measures employed to prevent or limit access to the Pequity Platform; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on the Pequity Platform; (e) use the Pequity Platform as part of any service for sharing, lending or multi-person use, or for the benefit of any third party; (f) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption functionality, that protect the Pequity Platform; (g) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Pequity Platform; (h) create derivative works based on the Pequity Platform, in whole or in part, or to decompile, disassemble, reverse engineer or otherwise exploit any part of the Pequity Platform; (i) use or access the Pequity Platform in a manner that violates the rights (including, but not limited to, intellectual property rights) of any third party; or (j) upload to or transmit through the Pequity Platform any information, images, text, data, media or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by us in our sole discretion.
The usage and viewing of the Pequity Platform is done at your own risk. We cannot and do not guarantee or warrant that the Pequity Platform are compatible with your computer system. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Pequity Platform.
10. Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the Pequity Platform. You understand, agree and acknowledge that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Pequity Platform.
11. Disclaimer and Limitation of Liability
THE PEQUITY PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PEQUITY PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE PEQUITY PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:
13. Governing Law and Jurisdiction
14. Entire Agreement, Waiver and Severability