You agree, warrant and covenant to use the Websites in accordance with the following Code of Conduct and You agree and acknowledge that in our sole discretion we may, but are under no obligation to reject or delete any materials posted or uploaded by You which violates any of the following provisions, and/or to terminate Your right to use or access the Websites for violating these provisions:
3.1 You will not use the Websites to engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Websites which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
3.2 You will not use the Websites to infringe the privacy rights, property rights, or other civil rights of any person;
3.3 You will not post messages or use the Websites in any way which (i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or violates any law.
You acknowledge and agree that all materials contained at the Websites are proprietary and constitute valuable copyright, trademark and other intellectual property owned by the Company or others who have licensed or authorized use of such materials to the Company. You acknowledge and agree that as such You may only access, view, download, receive and otherwise use the materials available at the Websites only as authorized by the Company.
4.1 You acknowledge that You understand that the Company does not authorize access to any part of the Websites in any manner contrary to the express provisions of this Agreement.
4.2 You further represent and warrant to the Company that Your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any materials available at the Websites in a manner not expressly authorized by the Company. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use.
4.3 You hereby acknowledge that You understand that the Company does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the materials contained on the Websites to or by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS below.
4.4 You hereby acknowledge and agree that Company does not authorize access to any parts of the Websites in any manner which bypasses this Agreement. You further acknowledge and agree that You may not “bookmark” photographs or other materials inside the Websites or directly access files designated as part of the Websites except through appropriate authorization pages as specified by the Company and You further agree that You shall not attempt to do so.
4.5 You further acknowledge that You understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from the Websites in violation of the terms and conditions set forth herein, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other unauthorized use of materials in PROHIBITED AREAS in any manner, shall constitute intentional infringement(s) of the Company’s and potentially others’ intellectual property rights and other rights in such materials and shall further constitute a violation of Company’s trademark and other rights, including, but not limited to, rights of privacy.