Acceptable Use Policy
Last revised: 28th March 2019
PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE
WHAT'S IN THESE TERMS?
This acceptable use policy sets out the content standards that apply when you upload content to our site, link to our site, or interact with our site in any other way,
WHO WE ARE AND HOW TO CONTACT US
https://www.genarate.com and its associated sites are sites operated by Konica Minolta Business Solutions Europe GmbH, having its principal place of business at Europaallee 17, 30855 Langenhagen, Germany. VAT number: DE 135 099 727 ("We" or "Konica Minolta").
To contact us, please email at email@example.com
BY USING OUR SITE YOU ACCEPT THESE TERMS
By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
WE MAY APPLY CHANGES TO THE TERMS OF THIS POLICY
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
You may use our site only for lawful purposes. You may not use our site:
- 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.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
- To transmit, or procure the sending of, any unsolicited or unauthorised 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, time-bombs, 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.
- Fair Use
- You will get cloud storage and a number of app views within the genARate platform. However, the services are provided on the basis of a fair use policy. Should your digital content generate an amount of traffic to our servers such that this impacts our cost of operation, we will reserve the right to throttle or temporarily disable access to your digital content or offer you an upgrade to enterprise services.
The threshold for such an event is when traffic to your digital content exceeds the average customer usage for repeated, prolonged periods of time over the course of multiple days. We will warn you prior to taking such measures with the goal of reaching a common understanding on how to proceed.
If you propose to use genARate on products which are intended for distribution or sale to the public, you must contact us first where you are intending to distribute or sell in excess of 10,000 units to make sure that such use can be accommodated by our technology platform. We reserve the right to impose additional charges for such use.
If you breach our fair use policy, we will normally ask you to correct your behaviour first before taking any action under this Clause but reserve the right not to give notice in the case of deliberate, serious or persistent breaches or misuse of the services.
Use the services (either individually or collectively with other Users) in any manner that is excessive, abnormal, or places a significant burden on our platform, website, online services or network, whereby such use does, will or could negatively impact or adversely affect optimal platform performance shall be deemed by us unfair use and entitle us, in our discretion, to terminate the service.
- For Starter License accounts some restrictions to the fair use policy apply: Starter License accounts are limited to an aggregate total of 40,000 scans per 12 month subscription period. If you anticipate that you will exceed this number of scans please contact our sales team before your license expires and we can discuss your other options.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site without our prior agreement in writing.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
These content standards apply to any and all material which you contribute to our site (Contribution
), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
Konica Minolta will determine, in its discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales, the law in any country from which it is posted and the law in any Country in which it may be viewed.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from Konica Minolta or any of its affiliates, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
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.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
- 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 our 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.
WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
The terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by German law. We both agree to the exclusive jurisdiction of the courts of Germany.