By accepting these Terms, you agree to these Terms, both for yourself and, if applicable, on behalf of our Client with which you are employed or associated and which Client has accepted the Agreement and/or entered into an Order Form;
If you enter into these Terms, you represent that you have the authority to bind that Client to these Terms and represent that you are an authorized User under the Agreement between that Client and us.
If you do not have such authority, are not an Authorized User, or do not agree to these Terms, you shall not use the Platform.
These Terms are being entered into between you, and if applicable, our Client and the Foundation FSSC “FSSC.”
CONNECTION WITH THE GENERAL TERMS AND CONDITIONS FSSC DIGITAL SERVICES
These Terms supplement certain terms of the Agreement solely with respect to the use of the Platform. Capitalized terms used but not defined in these Terms have the meanings given to them in the Agreement concluded between FSSC and Client.
As an authorized User under the Agreement, the Platform allows you to use the Platform in various ways and with various options. Access to and use of the Platform by you is dependent on I) the type of Digital services provided by FSSC to the Client under an Order Form and the Agreement, and II) the rights assigned by the administration account of the Client to you. You agree that the administration account of the Client may, at its discretion, terminate, alter or limit your access to or use of the Platform.
As an authorized User under the Agreement, you shall not use the Platform in any way that:
- violates any local, state, national, foreign, or international regulations, including data protection and privacy regulations, or fails to secure all required consents from data subjects;
- advocates or induces illegal activity;
- infringes or misappropriates the Intellectual Property Rights of another party;
- publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity), unless you have all rights and consents required to do so;
- is threatening, abusive, harassing, stalking, or defamatory;
- is deceptive, false, misleading, or fraudulent;
- modifies, alters, tampers with, repairs, reverse engineers, disassembles, decompiles, or otherwise creates derivative works of any software included in the Platform (except to the extent this is expressly permitted under a separate license agreement for the creation of derivative works);
- is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
- involves uploading files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
- interferes with or disrupts the Platform;
- uses any high volume automated means (including robots, spiders, scripts, or similar data gathering or extraction methods) to access the Platform or any other accounts, computer systems, or networks connected to the site (each a “System”);
- download any file that you know, or reasonably should know, cannot be legally distributed in that way;
- falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software ;
- restricts or inhibits any other users from using the Platform, other than rights given under this Terms;
- harvests or otherwise collect information about others, including e-mail addresses, without their consent; and/or
- is legally actionable between private parties.
You will use the Platform for your internal business purposes and will not violate the security or integrity of the Platform in any way, including but not limited to:
- willfully tamper with the security of the Platform;
- accessing data on the Platform not intended for you;
- logging into an account on the Platform that you are not authorized to access;
- attempting to probe, scan, or test the vulnerability of the Platform or to breach the security or authentication measures without proper authorization;
- willfully rendering any part of the Platform unusable;
- attempting to gain unauthorized access to any portion of the Platform whether through hacking, password mining, or any other means;
- monitoring data or traffic on the Platform without permission;
- leasing, distributing, licensing, selling, or otherwise commercially exploiting the Platform or making the Platform available to a third party other than as contemplated in the Order Form;
You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all content and data submitted to or published via the Platform by you, Client or by Users; (ii) comply with all applicable laws (including but not limited to export laws) in using the Platform, and (iii) use the Platform solely in accordance with its online user guide; vi) without limiting the generality of anything herein, you acknowledge and agree that the Platform may collect user or device data for the purposes of providing services or functions that are relevant to use of the Platform.
TERM AND TERMINATION
These Terms shall terminate immediately and automatically upon any termination or expiration of the Client’s subscription to Service. Upon any such termination or expiration, the Client (including you) shall no longer be permitted to use the Platform.
FSSC may terminate or limit your access to or use of the Platform if FSSC determines, in its sole discretion, that you have breached these Terms. You agree that FSSC shall not be liable to you or any third party for any termination or limitation of your access to, or use of, the Platform.
RISK OF UNINTENDED ACCESS TO (YOUR) DATA
The Platform enables you to provide (public) access to (your) data stored in the Platform. It is very important that you carefully follow the instructions in the user guide and review your Platform before publishing or giving access to (your) data to other third parties via the Platform. If you disclose data that you did not intend, you could cause your confidential information, or that of a third party that has supplied you with confidential information, to be disclosed to unintended third parties or the public.
If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or the Agreement.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at MyFSSC.
Version 1, October 2021