Limited Use; Restrictions on Use — You are permitted to use the Content and/or any services and products on the Platform for lawful purposes as provided in the Terms and Conditions only; any other use or misuse of any Content is strictly prohibited. CVN grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: you shall not, without CVN’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of CVN in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Platform, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to CVN, the Owner, or any third party referenced therein. CVN reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Platform shall be construed as conferring any license under CVN’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, CVN may revoke any of the foregoing rights and/or your access to the Platform, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
Job Postings — If you use the Platform to apply for any job posting, you represent and warrant that any and all information you provide will be complete, up to date and accurate.
Submitted Ideas — If you submit any ideas, suggestions, concepts, techniques, procedures, methods, systems, designs, plans, charts, or similar materials (collectively “Submitted Ideas”), all such Submitted Ideas disclosed or offered to us by you shall be deemed to be non-confidential and non-proprietary and shall become the exclusive property of CVN. Further, you understand and acknowledge that CVN employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Submitted Ideas and that CVN is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that CVN assumes no obligation of confidentiality or nondisclosure, expressed or implied by considering your Submitted Ideas. Without limitation, CVN shall be entitled to unrestricted use of the Submitted Ideas (in whole or in part and including, without limitation, any derivations thereof) for any purpose whatsoever, commercial or otherwise without any form of compensation.
- Community Guidelines—In addition to links to Social Media Sites, the Platform itself may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time (together with the CVN relevant sections of the Social Media Sites, the “Community Forums”). If the Platform includes any Community Forums, the restrictions and obligations contained in this Section shall apply.
- CVN shall monitor the Community Forums on a regular basis for any readily apparent violations of these Terms and Conditions or illegal content. Notwithstanding the foregoing, you acknowledge that CVN is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and shall have no liability to you for any content posted in a Community Forum.
- You acknowledge that any opinions, statements, recommendations, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. CVN reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.
- Any Submission that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Any Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, or material that depicts child-pornography, acts of violence;
- Any Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Any Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files; or
- Any Submission that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose CVN or its affiliates or its users to any harm or liability of any type.
No Archive — Even if this Platform includes features and functionality that permit you to upload certain Submissions to our services or systems, this Platform is not and shall not function as an archive. CVN shall have no liability to you or any other person for loss, damage, or destruction to your Submission. You shall be solely responsible for maintaining independent archival and backup copies of any Submission.
No Refunds — Charges paid by you for completed and delivered orders are final and nonrefundable. CVN has no obligation to provide refunds or credits, but may grant them, in each case in CVN’s sole discretion.
Mobile Data Fees and Usage — CVN is not responsible for any fees or usage charges related to your access to the Platform. Your mobile network’s data and messaging rates and fees may apply if you access or use the Platform from a mobile or tablet device. You are solely responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform and any updates thereto. CVN does not guarantee that the Platform, or any portion thereof, will function on any particular network, hardware, or devices.
Indemnification — YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CVN, ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, INTERNS, AGENTS, DISTRIBUTORS, AND VENDORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM, PRODUCTS OR SERVICES, YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. NOTWITHSTANDING THE FOREGOING, CVN RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY CVN, AND YOU AGREE TO COOPERATE, AT YOUR EXPENSE, WITH CVN’S DEFENSE OF SUCH CLAIMS. CVN WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING WHICH IS SUBJECT TO THIS INDEMNIFICATION UPON BECOMING AWARE OF IT.
Digital Millennium Copyright Act — CVN is committed to respecting and protecting the legal rights of copyright owners. As such, CVN adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to CVN’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
You acknowledge that in order for CVN to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
No Framing; Links— Framing, in-line linking or other methods of association with the Platform are expressly prohibited without prior written approval from CVN.
Ability to Accept Terms and Conditions — You affirm that you are more than 21 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and Conditions, and to abide by and comply with the Terms and Conditions.
Assignment — The Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CVN without restriction.
Notice — From time to time, we may revise these Terms and Conditions. To help you stay current of any changes, CVN may take one or more of the following steps: (1) CVN notes the date the Terms and Conditions was last updated above, and (2) when CVN makes a material change to the Terms and Conditions, we may post conspicuous announcements of such changes on the Platform next to the link to these Terms and Conditions. Your use of the Platform following the posting of any revised Terms and Conditions shall be deemed acceptance of the revised Terms and Conditions. CVN strongly recommends checking the Terms and Conditions periodically. If we are required by law to obtain your express consent for any changes to the Terms and Conditions, then we will make a commercially reasonable attempt to obtain your consent before implementing such revisions.
Class Action Waiver — Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Platform, Products or Services signifies your explicit consent to this waiver.
Miscellaneous — CVNs failure to enforce any provision of the Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.