These Acceptable Use Terms (“Acceptable Use Terms”) describe acceptable and non-acceptable use of and access to www.gravitysketch.com and www.landingpad.me (collectively, the “Website”) and the GRAVITY SKETCH Technology (including the GRAVITY SKETCH Platform). By agreeing to use the GRAVITY SKETCH Technology you accept and agree to comply at all times with these Acceptable Use Terms (as updated from time to time by GRAVITY SKETCH).
If you violate any of these Acceptable Use Terms or authorize or help others to do so, GRAVITY SKETCH may (a) suspend or terminate your access and use of the GRAVITY SKETCH Technology as provided below (b) issue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach and (c) disclose information to and co-operate with law enforcement authorities.
GRAVITY SKETCH (in its sole and absolute discretion) has the exclusive right to determine whether your use of the GRAVITY SKETCH Technology violates these Acceptable User Terms. All Content that is provided to GRAVITY SKETCH or actions that are performed via a Customer’s account, whether provided or performed by Customer’s employees, Customer’s contractors, or Customer’s customers and Authorised Users, are the sole responsibility of Customer. Customer and Authorised Users must immediately notify GRAVITY SKETCH of any unauthorized use of any of their login credentials, including passwords, or identifications for the GRAVITY SKETCH Technology.
Each capitalized term used in these Acceptable Use Terms that isn’t defined in these Acceptable Use Terms has the meaning given to that capitalized term in the GRAVITY SKETCH Terms and Conditions.
If you are an individual, you may not access or use the GRAVITY SKETCH Technology unless you are at least 18 years old and able and willing to comply with these Acceptable Use Terms. Notwithstanding this clause, at the sole discretion of GRAVITY SKETCH, if you are between 13 and 18, may use the GRAVITY SKETCH Technology with the supervision of your parent or legal guardian, who agrees to be bound by these Acceptable Use Terms and the GRAVITY SKETCH Terms and Conditions, provided that you agree to review such terms and understand your obligations and rights with your parent or legal guardian. You may not use the GRAVITY SKETCH Technology under the age of 13 and GRAVITY SKETCH does not knowingly collect personal data of any user under the age of 13.
1. RESTRICTIONS ON USE
1.1 The GRAVITY SKETCH Technology allows you to upload, transmit and use certain required information and other content when you access and use the GRAVITY SKETCH Technology. You are responsible for the accuracy, quality, legality and the way you acquire information and other Customer Data you may upload, transmit and use when you access and use the GRAVITY SKETCH Technology and are responsible for obtaining all rights necessary for you to provide such information and other content for those purposes.
1.2 You may not use the Website or the GRAVITY SKETCH Technology in any of the following prohibited ways:
a. provide or otherwise make the GRAVITY SKETCH Technology (or any part thereof) available to any third parties other than to Authorised Users;
b. use the GRAVITY SKETCH Technology (or any part thereof) to:
c. introduce to the GRAVITY SKETCH Technology any “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” or “worm” (as such terms are commonly understood in the software industry) or any other equivalent code, software routine or instructions designed or intended to disrupt, disable, harm or otherwise impede in any manner the operation of the GRAVITY SKETCH Technology or any device or system owned or controlled by GRAVITY SKETCH or any third party, or which otherwise may damage or destroy any data or file;
d. modify, copy, resell, rent, lease, sub-licence, load, merge, adapt or translate the whole or any part of the GRAVITY SKETCH Technology (or any part thereof);
e. contest, challenge or otherwise make any claim or take any action adverse to GRAVITY SKETCH’s ownership of, or interest in, the GRAVITY SKETCH Technology (or any part thereof);
f. re-use, disseminate, copy, or otherwise use the GRAVITY SKETCH Technology (or any part thereof) in a way that infringes, misappropriates, or violates any Intellectual Property Rights or other right of GRAVITY SKETCH or any third party;
g. remove, alter, obscure GRAVITY SKETCH’s trade mark, copyright notice or any other proprietary notice from the GRAVITY SKETCH Technology (or any part thereof);
h. upload, download, transmit or publish any Customer Data that is unlawful, threatening, obscene, defamatory, libellous, harassing, hateful, racially offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, or is otherwise inappropriate to a professional environment;
i. interfere with the proper working of the GRAVITY SKETCH Technology;
j. circumvent, disable, or interfere with security-related features of the GRAVITY SKETCH Technology or features that prevent or restrict use, access to, or copying the GRAVITY SKETCH Technology, or that enforce limitations on use of the GRAVITY SKETCH Technology;
k. impose (or which may impose, in GRAVITY SKETCH’s sole discretion) an unreasonable or disproportionately large load on the GRAVITY SKETCH Technology;
l. use the GRAVITY SKETCH Technology for a fraudulent or illegal purpose;
m. save as permitted by applicable law, reverse engineer, decompile, unbundle, disassemble, or create derivative works based on, the whole or any part of the GRAVITY SKETCH Technology.
2. PROHIBITED DATA
2.1 You may not provide any of the following (in any format) to GRAVITY SKETCH or upload any of the following (in any format) (collectively, “Excluded Data”) in accessing or using the GRAVITY SKETCH Technology:
n. any information about personally identifiable health and genetic and biometric data;
o. debit or credit or payment card information, bank or other financial information or data (other than payment information provided in a GRAVITY SKETCH Order or via our Merchant of Record).
2.2 THE GRAVITY SKETCH TECHNOLOGY IS NOT DESIGNED TO PROTECT THE SECURITY OF EXCLUDED DATA. EXCLUDED DATA IS UPLOADED AT YOUR OWN RISK AND GRAVITY SKETCH ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE PROTECTION, HANDLING, PROCESSING OR TRANSMISSION OF ANY EXCLUDED DATA EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW THAT CANNOT BE WAIVED.
3. MODIFICATION OF ACCEPTABLE USE TERMS
3.1 GRAVITY SKETCH may, in its sole and absolute discretion, modify these Acceptable Use Terms from time to time. GRAVITY SKETCH will post notice of such changes its Website or as provided in the GRAVITY SKETCH Terms and Conditions. If the applicable Customer objects to any such changes, such Customer’s sole recourse shall be for such Customer and its users, including you, to cease accessing and using the GRAVITY SKETCH Technology. Continued access or use of the GRAVITY SKETCH Technology following notice of any such changes shall indicate acknowledgement of such changes by such Customer and its Authorised Users, including you, and agreement to be bound by the terms and conditions of such changes.
Gravity Sketch Ltd welcomes your questions or comments regarding these Acceptable Use Terms. If you believe that anyone has not adhered to these Acceptable Use Terms, please contact us at [email protected]
Gravity Sketch Limited
3 Space International House
6 Canterbury Crescent, London
United Kingdom, SW9 7QD
Effective as of 4 August 2020