Terms of Use - Acclaim

ACCLAIM USER AGREEMENT

Last revised on September 23, 2015

YOU ARE FORMING A LEGALLY BINDING AGREEMENT. PLEASE READ THIS USER AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THIS WEBSITE OR SERVICE PROVIDED BY ACCLAIM. BY USING THE ACCLAIM SERVICE, YOU BIND YOURSELF TO THIS AGREEMENT.

1. INTRODUCTION

(a) Purpose.
The mission of MyAcclaim LLC and getacclaim.com is to allow its users, with ease and simplicity, to unleash the immense potential of video as a powerful and efficient medium for education, training, collaboration and other projects by enabling online, interactive critique and annotation of video content. To achieve our objective, we make the Acclaim service (the “Service”) available through our website at getacclaim.com (“Website”).

(b) Formation of Our Agreement.
In this Agreement, the words “you” and “your” and “User” refer to the registered user of the Acclaim Website and Service. It is your responsibility to keep your Acclaim profile information accurate and updated. The words “Acclaim,” “we,” “us” and “our” refer to MyAcclaim LLC, a Virginia limited liability company and the owner, operator and provider of the getacclaim.com Website and Service.

With respect to this Agreement, your use of the Service is an action that represents your assent to and agreement with the provisions of this Agreement the same as if you were signing a physical piece of paper setting forth this Agreement. We are relying upon you entering into this Agreement in permitting you to access this Website and use the Service. By accessing this Website and using the Service, you confirm and manifest your agreement with us to be bound by this Agreement. If you do not agree to the terms of this Agreement, then do not use this Website or the Service because doing so means you agree to this Agreement.

You agree that by clicking the “I Agree” button or registering on the Website, or by using the Service, you are entering into a legally binding agreement with MyAcclaim LLC based on the terms of this Agreement and the Acclaim Privacy Policy, which is hereby incorporated by reference, and you become a Acclaim user.

If you are using Acclaim on behalf of a company, organization or other legal entity, the entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement.

2. YOUR OBLIGATIONS

(a) Applicable laws and this Agreement.
You must comply with all applicable laws and this Agreement, as it may be amended from time to time.

(b) Permissions and responsibility for your submissions to Acclaim.
There are many types of content that you may submit to the Service (“User Content”). One type is video that you upload (“User Video”). Another type is data about you and about your User Videos (“User Data”). Another type is feedback to User Videos (“Feedback”). There are many other types of User Content. By uploading User Content to our Service, you agree to provide us with all rights necessary to process it. You retain full ownership of your User Content. We don’t claim any ownership of User Content. This Agreement does not grant us any rights to User Content or intellectual property, except for the limited rights that are needed to run the Service and make the User Content available to you and other users.

You may also embed videos from the third party service called YouTube. This is facilitated through an API integration with YouTube’s services. By using this functionality, you are agreeing to be bound by the YouTube Terms of Service, which can be found at the following link: https://www.youtube.com/t/terms

For clarity, some of the rights you rights you grant to us by uploading User Video include the right to host your User Video, share it with the other users you invite into your projects (“Guests”), and permitting Guests and users to annotate it. In addition, we also back up User Content. By using the Service, you give us and our third parties these permissions.

Aside from the uses we identify in this Agreement and in our Privacy Policy, and related uses to provide the Service, we won’t share User Content with others unless you direct us to. How we collect and use personal information generally is also explained in our Privacy Policy. By providing User Content to us, you represent and warrant that you are entitled to submit the User Content and that your submission of it is not does not violate any contractual restrictions, and does not infringe or misappropriate any third party rights. You are solely responsible for your conduct, you User Content, and your communications with others while using the Service. It is your responsibility to ensure that you have the rights or permission needed to comply with this Agreement and to use the Service.

We may choose to review User Content for compliance with our community guidelines, but we have no obligation to monitor any User Content or other information on the Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of User Video, User Data, Feedback, or any other information you provide or may be able to access using the Service.

User Video and other content accessible through the Service may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Service.

You are responsible for maintaining and protecting all of your User Video and any other content you upload to our Service. We will not be liable for any loss or corruption of your User Video or other User Content, or for any costs or expenses associated with backing up or restoring any User Content.

(c) Service Eligibility.
To be eligible to become a User, to access the Website or use the Service, you must meet the following criteria and you represent and warrant to us that you: (1) are 13 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having an Acclaim account; (3) are not a competitor of Acclaim and are not using the Services for reasons that are in competition with Acclaim; (4) will only maintain one Acclaim account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Acclaim, including intellectual property rights such as trade secret, patent, copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Service. In addition, if you are obtaining an account on behalf of a company or organization, you represent and warrant to us that you have actual authority to bind your company or organization.

(d) Registration and Sign-In Credentials.
You agree that your registration information and other User Data that you provide to us is accurate, current and complete as prompted in the sign-up process. You agree to maintain and promptly update the User Data to keep it accurate, current and complete. If you provide any User Data that is inaccurate, not current or incomplete, or we have reasonable grounds to suspect it is inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse any and all current or future access to and use of the Website or Service (or any portion thereof).

You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other users’ accounts; (4) refrain from selling, trading, or otherwise transferring your Acclaim account to another party; and (5) refrain from charging anyone for access to the Service or any portion of the Website, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, you must notify us by contacting us here or at hello@getacclaim.com.

(e) Indemnification.
You agree to defend, indemnify, and hold us harmless from all damages, losses and costs (including but not limited to reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, allegedly arising out of or caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of User Content that violates third party rights or applicable laws, (2) any User Content you submit to Acclaim, and (3) any activity in which you engage on or through Acclaim.

(f) Payment.
If you purchase any Services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Acclaim or its processor processing and storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including without limitation periodic fees) through your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs, late payment charges at 1.5% of the overdue amount per month (unless the legal rate is lower, in which case the legal rate for late payment charges will apply), and interest for any overdue amounts (whether or not through the payment card information you have provided to us). On termination of your Premium Services, you remain liable for the fees you accrued prior to termination, as well as any late payment charges, costs and expense generated after termination for any failure to pay the fees for the Premium Services. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. You may cancel your Premium Services by contacting us at hello@getacclaim.com or at the address listed below. You also acknowledge that Acclaim’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Services.

(g) Notifications and Service Messages.
We may notify you by sending an email to the email address associated with your account, even if we have other contact information for you. You also agree that Acclaim may communicate with you through your Acclaim account or through other means including email, mobile telephone, landline telephone, or hard copy delivery services including the US Postal Service. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information with us, including, but not limited to, your resulting failure to receive critical information about the Service. See also Section 7 below related to “Consent to Conduct Business Electronically.”

(h) Privacy.
You should carefully read our full Privacy Policy before deciding to become a user as it governs our treatment of any User Content, including personally identifiable information as well as the User Video, the comments you add to our blog posts (“Comments”), and the suggestions, ideas and other Feedback you submit to us. Please note that certain User Content you may submit to Acclaim might reveal your gender, ethnic origin, nationality, age, religion and/or sexual orientation, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and other User Content to us is voluntary on your part. You agree to comply with our Privacy Policy.

(i) Export Control.
Your use of the Website and the Service is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

(j) Third Parties; Disclaimer.
The Website may include links to third party websites (“Third Party Sites”). You are responsible for evaluating whether you want to access or use a Third Party Site. You should review any applicable terms or privacy policy of each Third Party Site before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not.

We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Accordingly, if you decide to access any Third Party Site, you do so at your own risk and agree that your use of any Third Party Site is on an “as-is” basis without any warranty from us, and that none of our obligations to you, and none of your rights, under this Agreement apply to your use of any Third Party Site.

(k) Disclosure of User Data.
You acknowledge, consent and agree that we may access, preserve, and disclose your User Data and any other information you provide if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (1) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Acclaim, our users or the public.

3. YOUR RIGHTS

On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Acclaim), view the Website and use the Service in accordance with this Agreement.

The Service is provided to you pursuant to this Agreement. Our Website and Service, including the underlying software and other technology, is protected by patent, copyright, trade secret and other intellectual property laws. We and our licensors own the title, copyright, and other worldwide intellectual property rights in the Website and the Service. We reserve all rights not expressly granted in this Agreement, including without limitation title, ownership, intellectual property rights, and all other rights and interest in Acclaim, the Service, the Website and any other items we use or provide.

4. OUR OBLIGATIONS

We allow you to access and use the Website and the Service as it may exist and be available on any given day, and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Acclaim (in which case we will refund to you any unused portion of any fees for Premium Services), partially or entirely, or change and modify prices for all or part of the Service in our sole discretion. All changes to the Website and the Service shall be effective upon their posting on our Website or by direct communication to you unless otherwise noted.

5. DISCLAIMER

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY IN WHOLE OR IN PART TO YOU.

WE PROVIDE THE WEBSITE, THE SERVICE, AND ALL DATA AND INFORMATION, ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY ACCLAIM OR ANYTHING RELATED TO ACCLAIM, YOU MAY CLOSE YOUR ACCLAIM ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 8 (TERMINATION) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE WEBSITE OR THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE WEBSITE OR THE SERVICE MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, DUE TO THE SATURATION OF THE INTERNET NETWORK, OR FOR ANY OTHER REASON.

6. LIMITATION OF LIABILITY

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY IN WHOLE OR IN PART TO YOU.

Neither Acclaim nor any of our subsidiaries, affiliated companies, employees, shareholders, licensors, or directors (“Affiliates”) shall be liable for any damages in excess of the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater.

Neither Acclaim nor any Affiliates shall be liable for any special, incidental, indirect, punitive or consequential damages, or loss of use, loss of profit, lost revenue or lost data to you or any third person arising from your use of the Website or Service or any of the content or other materials on, accessed through or downloaded from Acclaim. This limitation of liability shall:

(a) Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, and/or (3) the limited remedies provided in this section fail of their essential purpose;

(b) Not apply to any damage that Acclaim may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement; and

(c) Not apply if you have entered into a separate agreement to purchase Premium Services with a separate limitation of liability provision that supersedes this section in relation to those Premium Services.

7. CONSENT TO CONDUCT BUSINESS ELECTRONICALLY

(a) Consent to Electronic Communications.
We may be required by law to send communications to you that may pertain to the Website or the Service, your use of the same, or our use of User Data you may submit to Acclaim. You agree that we may send communications to you by email and/or may make communications available to you by posting them on the Website. You consent to receive these communications electronically. The term “communications” means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Website or Service.

(b) Consenting to Do Business Electronically.

The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically and our agreement to do so applies to all transactions you conduct through the Website and Service for as long as you remain a user.

In order to access and retain an electronic record of communications, you will need a computer, a monitor, a connection to an Internet service provider (“ISP”), Internet browser software that supports the current type encryption we use, and an e-mail address. By using the Website or Service, you confirm to us that you have the means to access, and to print or download, communications. We do not provide ISP services. You must have your own Internet service provider.

(d) Non-Electronic Communications.

We anticipate supporting only electronic communications with our Users. Consequently, if you decide you do not wish to receive communications electronically, you must terminate this Agreement (as described in Section 8 (Termination) and your use of the Website and Service.

(e) Changes to Your Email Address.

You agree to notify us promptly of any change in your email address or User Data.

8. TERMINATION

(a) Mutual rights of termination.

You may terminate this Agreement and your Acclaim account, for any reason or no reason at any time. Termination of your account will terminate this Agreement and termination of this Agreement will terminate your account. To terminate your Acclaim account and this Agreement, you must notify us by contacting us at hello@getacclaim.com. Termination of your account and this Agreement will be effective upon our processing of your notice.

We may terminate this Agreement and your account for any reason or no reason, at any time, effective on notice sent to the email address we have for you as part of your User Data. For avoidance of doubt, only we or the party paying for the services may terminate your access to any Premium Services. Termination of your account includes disabling your access to the Website and the Service, and may also bar you from any future use of the Service.

(b) Misuse of the Website or Service.

We may restrict, suspend or terminate the account of any user who abuses or misuses the Website or Service. Misuse includes, among other things, registering under more than one identity, using the Service commercially without our authorization, infringing or misappropriating anyone’s intellectual property or other rights, using any functionality, feature or capability of the Website or Service to generate, support or transmit any form of spam, engaging in any behavior or activity described in Section 14(b) (“Don’t do the following”), or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of Acclaim.

Upon the termination of your account, you lose access to the Website and Service. In addition, we may block access to the Website and Service from an IP address or range of IP addresses associated with those of terminated users. The terms of this Agreement shall survive any termination, except Section 3 (Your Rights) and Section 4 (Our Obligations) hereof.

9. PENNSYLVANIA LAW AND ARBITRATION

(a) Choice of Law.
Any and all disputes between you and us, including any disputes arising out of this Agreement, its terms or its (“Disputes”) shall be governed by the law of the Commonwealth of Pennsylvania, and the federal law of the United States of America, and notwithstanding of any conflicts of law principles or provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

(b) Agreement to Arbitrate and Pay Attorneys’ Fees.
Any Disputes shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules. If you qualify as a consumer under the AAA Consumer Arbitration Rules, then the Consumer Arbitration Rules shall apply instead of the Commercial Arbitration Rules. The parties shall participate in any hearing, and all testimony shall be introduced, by audio conference and video conference. The award of the arbitrator is final and binding on the parties, and may be entered and enforced in any court or tribunal of competent jurisdiction.

10. COMPLAINTS REGARDING CONTENT POSTED ON THE WEBSITE

We included in the Website mechanisms aimed at optimizing the value of the Website and the Service, and continuously improving and enhancing users’ experience. Accordingly, this Agreement requires that information posted by users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Acclaim provides a process for submission of complaints concerning User Content.

(a) Notice and Takedown Procedures; Copyright Agent.

If you believe any materials accessible on or from the website infringe your copyright, you may request removal of those materials from the website by contacting Acclaim’s copyright agent (identified below) via e-mail or mail and providing the following information:

(1) Identification of the copyrighted work subject to the alleged infringement (please describe the work and, if available its online location, e.g., the URL, of an authorized version of the work);

(2) Identification of the allegedly infringing material and its location on the Website (please describe the material and provide us with its URL and other relevant information allowing us to locate it);

(3) Your name, address, telephone number and e-mail address;

(4) A statement of your good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;

(5) A statement that the information you have supplied is accurate and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on behalf of the copyright owner; and

(6) A signature or the electronic equivalent from the copyright holder or his, her or its authorized representative.

Acclaim’s agent for copyright issues relating to the website is as follows: MyAcclaim LLC, Attn: Webmaster, 927 S Clifton St, Philadelphia, PA 19147, U.S.A., or hello@getacclaim.com.

(b) Non-copyright Complaints Regarding Content Posted on the Website.
To notify us that you in good faith believe that User Content posted by a user on our Website infringes your intellectual property rights (other than copyright — in which case please see the preceding section of this Agreement) or is inaccurate or unlawful, you may you may request review and/or removal of those materials from the Website by contacting Acclaim’s Content Complaint Manager (identified below) via email or postal mail, and providing the following information:

(1) Identification of the allegedly infringing, inaccurate or unlawful material and its location on the Website (please describe the material and provide us with its URL and other relevant information allowing us to locate it);

(2) Your name, address, telephone number and e-mail address;

(3) A statement explaining the alleged infringement, inaccuracy or unlawfulness; and

(4) A statement that the information you have supplied is accurate and indicating that your
statement is “under penalty of perjury;” and you are the rights owner or are authorized to act on behalf of the rights owner; and

(5) A signature or the electronic equivalent from the rights owner, or his, her or its authorized representative.

Acclaim’s agent for content management issues relating to the website is as follows: MyAcclaim LLC, Attn: Webmaster, 580 Herndon Parkway, Suite 500, Herndon, VA 20170 or hello@getacclaim.com.

11. PRIVACY LAW

The Website and the Service are designed to be used with User Videos and other User Content. However, the Website and the Service are not designed to be used for particularly sensitive applications. The Service does not comply with the US Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Gramm-Leach-Bliley Act, or the Children’s Online Privacy Protection Act, and is not intended to be used for the provision of health care services, the processing of credit card and other personal financial information, or the collection of personal information from anyone under the age of 13. You are solely responsible for using the Website and Service in a manner consistent with all applicable federal and state privacy and security laws, as well as all other applicable laws. More information about our privacy practices are stated in our Privacy Policy.

12. GENERAL TERMS

(a) Severability.

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

(b) Language.

Where we have provided you with a translation of the English language version of this Agreement, including the Privacy Policy, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, including the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Acclaim.

You may contact us via email at:

hello@getacclaim.com
Or via mail or courier at:

MyAcclaim LLC
Attn: Legal Department
580 Herndon Parkway, Suite 500
Herndon, VA 20170
USA

Acclaim accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

We may contact you at the email address we have for you, or any postal or other address we have for you.

(d) Entire Agreement.

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Acclaim services.

(e) Amendments to this Agreement.

We reserve the right to modify, supplement or replace the terms of this Agreement, effective for new users upon posting on the Website at www.getacclaim.com, and upon thirty days prior email notice for pre-existing users. For pre-existing user, your use of the Website or Service thirty days or more after any such update or email notice shall confirm your agreement to the same. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 8 (Termination). Only modifications, supplements or replacements of the terms of this Agreement officially posted by us on the Website or sent by us to you pursuant to the notice provisions included in this Agreement shall be valid and effective to amend this Agreement and any other purported amendments shall be void and of no force or effect.

(f) No Informal Waivers, Agreements or Representations.

Any failure by a party to act with respect to a breach of this Agreement does not waive any right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by you, Acclaim or any Acclaim Affiliate shall be deemed legally binding on you, Acclaim or any Acclaim Affiliate, unless documented in a physical writing hand signed by a duly authorized representative of each party.

(g) No Injunctive Relief.

In no event shall either party seek or be entitled to rescission, injunctive relief or other equitable relief with respect to, or to enjoin or restrain, the operation of the Website or the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Website, the Service or any User Content or other material used or displayed through the Service.

(h) Assignment and Delegation.

You may not assign or delegate any rights or obligations under this Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and
obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, for Acclaim any third party that assumes our rights and obligations under this Agreement.

13. ACCLAIM USER “DOS” and “DON’TS”

As a condition to your right to access the Website and use the Service, you agree to this
Agreement and to strictly observe the following DOs and DON’Ts:

(a) Do the following:

(1) Comply with all applicable laws, including, without limitation, privacy laws, security laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;

(2) Provide accurate information to us and update it as necessary; (3) Review and comply with our Privacy Policy; and (4) Review and comply with notices sent by Acclaim concerning the Website and Service.

(b) Don’t do the following:

(1) Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to the Website as User Video, Comments or Feedback;

(2) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property contained or embedded in or used to provide the Website or Service, or any part thereof;

(3) Include information in your User Data or elsewhere, except in designated fields, that reveals your identity or sensitive personal information such as an email address, phone number or address or is confidential in nature;

(4) Utilize information, content or any data you view on and/or obtain from Acclaim to provide any service that is competitive, in our sole discretion, with Acclaim;

(5) Imply or state, directly or indirectly, that you are affiliated with or endorsed by Acclaim, unless you have entered into a written agreement with Acclaim signed by an authorized representative of Acclaim

(6) Adapt, modify or create derivative works based on Acclaim or technology underlying the Website or Service, in whole or part;

(7) Rent, lease, loan, trade, sell/re-sell access to Acclaim or any information or other User Content therein, or the equivalent, in whole or part;

(8) Use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the website;

(9) Use bots or other automated methods to add or download content or send or redirect messages or other permitted activities other than through Acclaim-sanctioned tools;

(10) Access, via automated or manual means or processes, Acclaim for purposes of monitoring its availability, performance or functionality or for any competitive purpose;

(11) Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website or the Service;

(12) Attempt to or actually access the Website by any means other than through the interfaces provided by Acclaim;

(13) Attempt to or actually override any security component included in or underlying the Website;

(14) Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other users or Acclaim personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;

(15) Remove any copyright, trademark or other proprietary rights notices contained in or on the Website, including without limitation those of both Acclaim and any of its licensors;

(16) Remove, cover or otherwise obscure any form of advertisement included on Acclaim;

(17) Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from the Website, except as expressly permitted in this Agreement or as the owner of such information may permit in writing;

(18) Interfere with or disrupt the Website, including but not limited to any servers or networks connected to Acclaim;

(19) Infringe or use Acclaim’s or Acclaim’s brand, logos and/or trademarks, including, without limitation, using the word “Acclaim” in any business name, email, or URL or including Acclaim’s trademarks and logos except as expressly permitted by Acclaim in a physical, written document signed by an authorized representative of Acclaim;

(20) Upload, post, email, transmit or otherwise make available or initiate, through User Video, Comments or Feedback or otherwise, any User Content that:

(i) Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;

(ii) Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;

(iii) Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Acclaim);

(iv) Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(v) Infringes upon or misappropriates patents, trademarks, trade secrets, copyrights or other proprietary rights;

(vi) Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(vii) Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

(viii) Forges headers or otherwise manipulates identifiers in order to disguise the origin of any communication.