Cuniculum
    Cuniculum
    Acceptable Use Policy

    This Acceptable Use Policy sets out the terms between you and Cuniculum ("Company", "we", "us" or "our") under which you may access and use our website cuniculum.com, applications, and all related services (collectively, the "Platform"). This Acceptable Use Policy applies to all users of, and visitors to, the Platform.

    Your use of the Platform means that you accept and agree to abide by all the policies in this Acceptable Use Policy, which supplement our Terms of Service. If you do not agree with this Acceptable Use Policy, you must cease using our Platform immediately.

    1. Prohibited Uses

    You may use the Platform only for lawful purposes and in accordance with this Acceptable Use Policy. You agree not to use the Platform:

    • In any way that breaches any applicable local, national or international law or regulation.
    • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
    • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards (see below).
    • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
    • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    • To reproduce, duplicate, copy, resell or exploit any portion of the Platform without express written permission from us.
    • To access without authority, interfere with, damage or disrupt any part of the Platform, any equipment or network on which the Platform is stored, any software used in the provision of the Platform, or any equipment or network or software owned or used by any third party.
    • To conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform without our express written consent.
    • For any purpose that could harm minors in any way.
    • To attempt to circumvent any content-filtering techniques we employ or to attempt to access any service or area of our Platform that you are not authorized to access.
    • To use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
    • To use any device, software or routine that interferes with the proper working of the Platform or otherwise attempt to interfere with the proper working of the Platform.
    • To use the Platform in any way to build a product or service using similar ideas, features, functions or graphics, or to copy any ideas, features, functions or graphics of the Platform.
    • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm us or users of the Platform or expose them to liability.

    2. Interactive Services

    We may from time to time provide interactive services on the Platform, including without limitation: chat rooms, bulletin boards, forums, comment sections and other interactive features (collectively, "Interactive Services").

    2.1 No Monitoring Obligation

    Where we provide any Interactive Services, we may provide clear information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor, or moderate any Interactive Services we provide, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Services by a user in contravention of our Content Standards, whether the service is moderated or not.

    2.2 Moderation

    We may, at our sole discretion, moderate any Interactive Services, but do not commit to doing so in all cases. When we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise. However, we are not liable for any failure to moderate or for any actions or inactions of moderators.

    2.3 Minors

    The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use Interactive Services that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Services should be made aware of the potential risks to them. We cannot be held liable for any harm that comes to minors through their use of the Interactive Services, even if we have been negligent.

    3. Content Standards

    These content standards apply to any and all User Contributions (as defined in the Terms of Service) and use of Interactive Services. User Contributions must in their entirety comply with all applicable local, national and international laws and regulations.

    User Contributions must not:

    • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
    • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    • Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
    • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
    • Be likely to deceive any person.
    • Promote any illegal activity, or advocate, promote or assist any unlawful act.
    • Cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm or annoy any other person.
    • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
    • Give the impression that they emanate from us, if this is not the case.
    • Advocate, promote or assist any violent or criminal activity or other illegal acts.
    • Create a risk to public health or safety.
    • Create a risk to the national or international security of any country.
    • Interfere with an ongoing legal proceeding or investigation.
    • Contain false or misleading claims about health products, medical treatments, or financial investments.
    • Contain any material that we determine, in our sole discretion, is in conflict with the spirit of this Acceptable Use Policy, even if it is not expressly prohibited by the policy.

    4. Monitoring and Enforcement; Termination

    We have the right to:

    • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
    • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Acceptable Use Policy, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for us.
    • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
    • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
    • Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of this Acceptable Use Policy.

    Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.

    YOU WAIVE AND HOLD HARMLESS CUNICULUM AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    5. Breach of this Policy

    When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate in our sole discretion, including but not limited to:

    • Immediate, temporary or permanent withdrawal of your right to use the Platform.
    • Immediate, temporary or permanent removal of any User Contributions.
    • Issue of a warning to you.
    • 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.
    • Further legal action against you.
    • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

    We exclude all liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate. We are not required to provide any prior notice of our intended actions or to provide you with an opportunity to cure any breach before taking action.

    6. No Liability for User Content

    We do not control and are not responsible for user-submitted content or the content on any third-party websites that may be linked to or from our Platform. We make no guarantees regarding the accuracy, currency, suitability, or quality of any user-submitted content or third-party content, and we assume no responsibility for any such content.

    We do not endorse any opinions expressed by users or third parties on our Platform or through any Interactive Services. All statements and opinions expressed by users are solely the opinions and the responsibility of the person or entity providing those materials. You are solely responsible for reviewing and evaluating any user-submitted content or third-party content, and you rely on such content at your own risk.

    7. Governing Law and Jurisdiction

    The laws of California, without regard to its conflict of law rules, will govern this Acceptable Use Policy and your use of the Platform, and you irrevocably consent to the exclusive jurisdiction of the courts located in San Francisco County, California for resolution of any disputes arising out of or relating to this Acceptable Use Policy. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

    8. Changes to the Acceptable Use Policy

    We may revise this Acceptable Use Policy at any time without notice by posting the revised version on this page or elsewhere on the Platform. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on the Platform.

    Your continued use of the Platform following the posting of revised Acceptable Use Policy means that you accept and agree to the changes. If you do not agree with any such change, you should stop using the Platform immediately.

    9. Severability

    If any provision of this Acceptable Use Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Acceptable Use Policy will continue in full force and effect.

    10. Contact Us

    If you have any questions about this Acceptable Use Policy, please contact us at:

    Email: info@cuniculum.com