The following terms and conditions (the “Terms and Conditions”) govern your use of this web site or application provided to you by Daybreak Limited or one of its subsidiaries, and any content, services, products, features or functionality made available from or through this web site, including any subdomains thereof, or application (the “Web Site”). The Web Site is made available by Daybreak Limited or its subsidiaries (“we” or “us” or “our”), each of which have adopted these Terms and Conditions with regard to the Web Site. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.
1. Proprietary Rights.
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site.
2. Limited License.
You may access and view the content on the Web Site on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Web Site, make single copies or prints of the content on the Web Site for your personal, internal use only. Unless otherwise specifically indicated in these Terms and Conditions or on the Web Site, use of the Web Site and the services offered on or through the Web Site, are only for your personal, non-commercial use.
3. Prohibited Use.
Unless otherwise specifically indicated in these Terms and Conditions or on the Web Site, any commercial or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein or on the Web Site, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Web Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted material from or through the Web Site. If you make other use of the Web Site, or the content, code, data or materials thereon or available through the Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
4. Web Site Access.
Acton Media hereby grants you permission to use the Web Site as set forth in these Terms and Conditions, provided that:
your use of the Web Site as permitted is solely for your personal use and/or the use of your company or other legal entity;
you will not copy, disclose or distribute any part of the Web Site or the Content (as defined below) or materials contained herein to any third party and/or in any medium without our prior written authorization;
you will not alter or modify any part of the Web Site other than as may be reasonably necessary to use the Web Site for its intended purpose;
you will otherwise comply with these Terms and Conditions;
you are not a competitor of Daybreak Limited and are not using the Web Site for reasons that are in competition with Daybreak Limited;
you comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
you only provide accurate information and update it as necessary;
you only use the Web Site in a professional manner;
you do not act dishonestly by posting inappropriate, inaccurate, or objectionable Content;
you do not harass, abuse or harm another person, including sending unwelcomed communications to others using the Web Site;
you do not use or attempt to use another’s account without authorization, or create a false identity on the Web Site;
you do not take any action or upload, post, email, transmit or otherwise make available or initiate any Content that:
falsely states, impersonates or otherwise misrepresents your identity;
is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
infringes upon any intellectual property or other proprietary rights;
includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
contains software viruses, worms, or any other computer code, files or programs that harm, interrupt, delay, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Daybreak Limited or any user of Daybreak Limited;
reverse engineers, decompiles, disassembles, deciphers or otherwise attempts to derive the source code for any underlying intellectual property used to provide the Web Site, or any part thereof;
utilizes or copies information, content or any data you view on and/or obtain from the Web Site to provide any service that is competitive with the Web Site, in Daybreak Limited’s sole discretion;
falsely implies or states, directly or indirectly, that you are affiliated with or endorsed by Daybreak Limited unless you have entered into a separate written agreement with Daybreak Limited;
adapts, modifies or creates derivative works based on the Web Site or technology underlying the Web Site, or other users’ content, in whole or part;
rents, leases, loans, trades, sells/re-sells access to the Web Site or any Content therein, or the equivalent, in whole or part, unless you have entered into a separate written agreement with Daybreak Limited;
sells, sponsors, or otherwise monetizes the Web Site, or any other service or functionality of Daybreak Limited, unless you have entered into a separate written agreement with Daybreak Limited;
deep-links to the Web Site for any purpose, (i.e., including a link to any page of the Web Site other than Daybreak Limited’s home page) unless you have entered into a separate written agreement with Daybreak Limited;
removes any copyright, trademark or other proprietary rights notices contained in or on the Web Site, including those of Daybreak Limited and/or any of its users, advertisers, suppliers, clients and/or counterparties;
removes, covers or otherwise obscures any form of advertisement included on the Web Site;
collects, uses, copies, or transfers any information, including, but not limited to, personally identifiable information obtained from the Web Site except as expressly permitted in these Terms and Conditions or as the owner of such information may expressly permit, unless you have entered into a separate written agreement with Daybreak Limited;
infringes or uses Daybreak Limited’s brand, logos and/or trademarks in any business name, email, or URL except as expressly permitted by Daybreak Limited;
uses manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Web Site;
uses bots or other automated methods to access the Web Site, add or download Content, send or redirect messages, or perform other activities through the Web Site, unless explicitly permitted by Daybreak Limited;
accesses, via automated or manual means or processes, the Web Site for purposes of monitoring their availability, performance or functionality for any competitive purpose;
engages in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Web Site;
attempt to or actually override any security component included in or underlying the Web Site;
engages in any action that directly or indirectly interferes with the proper working of, or places an unreasonable load on, the Web Site’s infrastructure, including, but not limited to, sending unsolicited communications to other users or Daybreak Limited personnel, attempting to gain unauthorized access to the Web Site, or transmitting or activating computer viruses on or through the Web Site or interferes with or disrupts or games the Web Site, including, but not limited to, any servers or networks connected to Web Site.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that access the Web Site in a manner that sends more request messages to Daybreak Limited’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Daybreak Limited grants the operators of public search engines permission to use spiders to copy materials from the Web Site for the sole purpose of creating publicly available searchable indices of the Web Site’s materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Web Site, nor to use the communication systems provided by the Web Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web Site.