TABU Acceptable Use Policy

 

If you have any questions on this Policy, you can reach us at support@TABU.com. This Acceptable Use Policy (this “Policy”) describes prohibited uses of the Services offered by TABU, LLC and its affiliates. We may modify this Policy at any time by posting a revised version on the TABU Site. By using the Services or accessing the Account, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Services. In the event of a conflict between this Policy and the TABU Terms of Service Agreement or other agreement with us governing your use of our Services (the “Agreement”), this Policy shall control, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement. If you do not agree with this Policy, please refrain from using our Services. Your continued use of our Services implies acceptance of this Policy.

TABLE OF CONTENTS

1. Definitions

2. Eligibility

3. Unacceptable Use or Content

4. No Network Abuse

5. No Email or Other Message Abuse

6. Our Monitoring and Enforcement

7. Confidential Information

8. Reporting Violations of this Policy

1. DEFINITIONS

• “Confidential Information” means any and all information of TABU which has or will come into your possession concerning our business, properties, affairs or finances, including proprietary information and trade secrets. Confidential Information is indicated as confidential, or it is clear at the time of disclosure that the information ought to be handled as confidential information.

• “Commercial License” means a license for a group of users acquired by a Customer, who is responsible for allocating and managing the licenses to users.

• “Intellectual Property” means (a) any and all proprietary rights provided under patent law, copyright law (registered and unregistered copyrights and unpublished work of authorship), trademark law, design patents or industrial design law, semiconductor chip law, or any other statutory provision or common law principle applicable to the protection of intangible proprietary information or rights, including trade secret law, which may provide a right in either idea, formula, algorithm, concept, invention, or know-how generally, or the expression or use of such ideas, formulae, algorithms, concepts, inventors or know-how, and any and all applications, registrations, licenses, sub-licenses, continuation, reissues, extensions, franchises, agreements or any other evidence of a right in any of the foregoing.

• “Open Source Software” means any software licensed under Open Source License terms.

• “Open Source License Terms” means the licensing and/or distribution models commonly known as “open source software” or “free software” or any other licensing and/or distribution models pursuant to which software is made generally available to the public in source code form under terms that permit modification and redistribution of such software. By way of example only and without limitation, Open Source License Terms include any versions of the following agreements, licenses or distribution models: (1) the GNU General Public License (GPL); (2) Lesser/Library GPL (LGPL); (3) the Common Development and Distribution License (CDDL); (4) the Artistic License (including without limitation PERL); (5) the Netscape Public License;(6) the Sun Community Source License (SCSL) or the Sun Industry Standards License (SISL); (7) Apache License; (8) NGINX License; (9) the Common Public License; (10) the Affero GPL (AGPL) and (11) the Berkeley Software Distribution (BSD).

• (5) the Netscape Public Licence; (6) the Sun Community Source Licence (SCSL) or the Sun Industry Standards License (SISL); (7) the Apache Licence; (8) NGINX License; (9) the Common Public License; (10) the Affero GPL (AGPL) and (11) the Berkeley Software Distribution (BSD).

• “Professional License” means a license to use the Services for a sole professional.

 

ELIGIBILITY

Our Services are not intended for anyone under the age of 18 years old. If you are under the age of 18 years old, you may not use the Services.

When using our Services, you will be required to Verify verify your Identification through a third party provider using a government issued ID or Passport. You may not offer goods or services, or post or upload Media vedia that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.

 

UNACCEPTABLE USE OR CONTENT 3. Unacceptable Use or Content

• You may not use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use, or to transmit, store, display, distribute or available content that is illegal, harmful, or offensive. Prohibited activities or content include:

• Posting erotic, sexually suggestive images, and pornography;

• Request or post pirated software or media;

• Posting offensive or inappropriate content (text, images, or links);

• Studios can not post "artwork" that are ads for recruiting or otherwise;

• Studios, clients, and software asset or tool companies can not post artwork that their customers created;

• Schools cannot have profiles on TABU - However, students can post and sell artwork;

• Harassing and bullying members;

• Sexually soliciting or sexually harassing other members;

• Posting links to pirated software or media, or otherwise illegal activity;

• Posting hate speech, propaganda, slurs, sayings, violent or explicit threats towards protected characteristics - such as race, ethnicity, national origin, religious affiliation, sexual orientation, gender or gender identity, serious disease or disability, including user names violent or explicitly graphic threats to other members;

• Posting private information of other members, such as addresses or phone numbers. and that the use, sharing, display, copying, reformatting and distribution of will violate the rights of a third party;

• Anything that is prohibited by law or regulation or our policies made available to you;

• Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography;

• Anything that will disrupt third parties’ use or enjoyment of the Services, including if this use results in automated, constant and repeated requests for data other than as permitted and has a negative effect on our systems or network, including abnormal usage that overloads servers or causes portions of our network to be blocked (e.g. denial-of-services and distributed-denial-of-services attacks);

• Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices or posting fraudulent posts, spam or phishing sites;

• Posting copyright/trademark violations - posting content that you do not own and did not create. Content that infringes or misappropriates the intellectual property or proprietary rights of others. To create, transmit, distribute or store material that violates Intellectual Property, privacy, publicity or other personal rights of individuals, export control, or that can otherwise be threatening, abusive, hateful or constitutes or encourages conduct that would be considered a fraud, a criminal offense or likely to give rise to civil liability;

• Anything that results in the sharing of identifiers and passwords with other individuals or entities, including through any service, network or by any other means;

• Anything that involves penetrating our security, including, without limitation:

• a. by posting or transmitting any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features;

• b. by interfering with the proper working of the Services;

• c. by attempting to hack any security requirements or processes in the use of the Services;

• d. by attempting to access any part of the Services (or any of their related systems, networks, servers or other equipment) which you are not authorized to access;

• e. by attempting to disrupt in any manner the operation of the Services, its servers or network;

• f. by disobeying any requirements, procedures, policies or regulations of your network connected to the Services;

• g. by manipulating identifiers to disguise the origin of any content transmitted or uploaded on to the Services, or the source of any content;

• h. by modifying or altering the Services in any unauthorized manner. (Collectively, the “Abuses”);

• i. by posting or hosting content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts (“Offensive Content”); and

• j. by posting, hosting or introducing content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

• You agree and acknowledge that an indirect or attempted violation of this Section shall be considered an Abuse. If we discover that you have committed an Abuse or are planning to commit an Abuse or otherwise encourage or facilitate the commission of an Abuse, we may suspend your access to the Services without any prior notice.

 

4. NO NETWORK ABUSE

• You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

• Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.

• Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.

• Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.

• Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.

• Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on TABU Systems, TABU’s Access to your Account, or other access and storage restrictions;

 

5. NO E-MAIL OR OTHER MESSAGE ABUSE

You will not use the Services to distribute, or otherwise facilitate the distribution of unsolicited e-mail or other messages. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider. You will comply with the requirements of the CAN-SPAM Act and similar laws.

 

6. OUR MONITORING AND ENFORCEMENT

We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or the Account. We may:

• investigate violations of this Policy or misuse of the Services or Account; or

• remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or the Account.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

 

7. CONFIDENTIAL INFORMATION

You acknowledge that you may be exposed to or acquire information in connection with the Services that classifies as Confidential Information. For the purpose of this Policy, Confidential Information shall not include:

• Information which is generally known or available publicly, including information which becomes generally known through no fault or breach of the Receiving Party;

• Information which was known by the Receiving Party prior to receive the information from the Disclosing Party;

• Information which is independently developed by the Receiving Party without the direct or indirect use of Confidential Information;

• Information which is lawfully obtained from a third party without violation of a confidentiality obligation of the Disclosing Party.

You agree to keep our Confidential Information as confidential, subject to applicable laws, and apply no less than reasonable care to prevent unauthorized access, use or disclose of our Confidential Information. You shall not use our Confidential Information to develop competitive services or allow, directly or indirectly, third parties to develop such competitive services.

 

8. REPORTING OF VIOLATIONS OF THIS POLICY

If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please follow email us at abuse@tabuart.com.