Intellectual Property Rights
Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, personal, non-transferable, non-sublicensable, license to:
· download and use a copy of the ButterflyDS software;
· use the ButterflyDS Services, including, without limitation, the products and services made available on or through the ButterflyDS software or our website.
No other right or license of any kind is granted to you hereunder with respect to the ButterflyDS Services. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with these Terms.
The ButterflyDS Services, including, but not limited to, the ButterflyDS software, mobile application and all other items, are owned and copyrighted by ButterflyDS, and are protected worldwide. We retain all right, title and interest in and to the ButterflyDS Services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, trade secrets and other intellectual property rights. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the ButterflyDS Services. All rights are reserved unless otherwise noted.
Prohibited and Restricted Uses
Your access to and use of the ButterflyDS Services is subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the ButterflyDS Services to any users who infringe any applicable laws or these Terms.
While using the ButterflyDS Services you yourself agree not to, and agree not assist, encourage, or enable others to use the ButterflyDS Services:
1) for unlawful, illicit, illegal, criminal or fraudulent activities, including but not limited to port scanning, sending spam, sending opt-in email, scanning for open relays or open proxies, sending unsolicited e-mail or any version or type of email sent in vast quantities even if the email is routed through third-party servers, any pop-up launching, use of stolen credit cards, credit card fraud, financial fraud, cryptocurrency fraud, cloaking, extortion, blackmail, kidnapping, rape, murder, sale of stolen credit cards, sale of stolen goods, offer or sale of prohibited, military and dual use goods, offer or sale of controlled substances, identity theft, hacking, pharming, phishing, scraping in any form or scale, digital piracy, intellectual property infringements and other similar activities;
2) to assault, interfere, gain unauthorized access, deny service in any way or form to any other network, computer or node through ButterflyDS Services;
3) to exploit children in any way, including audio, video, photography, digital content, etc.;
4) to upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
5) to interfere with or attempt to interfere with the proper working of the ButterflyDS Services, any transactions being offered in connection with the ButterflyDS Services or any other activities conducted by us, disrupt our website or any networks connected to the ButterflyDS Services, or bypass any measures we may use to prevent or restrict access to the ButterflyDS Services;
6) to exploit the ButterflyDS Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity;
7) to use any robot, spider, scraper, or other automated means to access our website or ButterflyDS Services for any purpose without our prior written permission;
8) to collect or harvest personal information about other users of the ButterflyDS Services;
9) to collect or harvest personal data of individuals, without legitimate interest or consent, or in violation of any applicable law;
10) to take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
11) to share any data or other content with any unreasonably large number of persons, including without limitation sending blast communications to a large number of recipients or sharing content with persons you do not know or who do not know you;
12) to represent that you are the representative or agent of any of the ButterflyDS Services, including any of its functionality;
13) to incorporate the ButterflyDS Services or any portion thereof into any other program or product;
14) to copy or reproduce, in any form or by any means, any part of the ButterflyDS Services;
15) to modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the ButterflyDS Services, including any of its files or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the ButterflyDS application or any portion thereof;
16) to violate general ethic or moral norms, good customs and fair conduct norms;
17) to violate any third party's rights, including any breach of confidence, personal data, copyright or any other intellectual property or proprietary right;
18) to threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
19) to attempt to manipulate the ButterflyDS name, services or products;
20) to solicit or harvest personal information from or communicate with minors;
21) attempt to gain unauthorized access to the ButterflyDS Services, user accounts, computer systems or networks connected to the ButterflyDS Services through hacking, password mining, brute force or any other means;
22) to use the ButterflyDS Services for any military purpose, including cyberwarfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons;
23) to otherwise infringe or circumvent these Terms.
In addition, for users who make use of the bandwidth to download for a long time, which makes the servers abnormal and affects other users, ButterflyDS will limit their speed in order to protect IP from being abused.
For the security of your account, please do not share your access credentials with unauthorized third parties.
We reserve the right to refuse service, suspend accounts or limit access to the ButterflyDS Services in our sole discretion. Such suspension or access limitation may be implemented by ButterflyDS instantly and without any indication, notice or refund. We may suspend your account for clarification, investigation or request you to explain your actions and provide additional information. If your account has been suspended, you must contact us for further information. We may suspend your user account for a reasonable period of time before we terminate a user account permanently.
We are under no obligation to enforce the Terms against you. We encourage you to let us know about the violation of these Terms by any ButterflyDS users; however, in case of such violations we may take appropriate action at our sole discretion.
Disclaimer of Warranties
Reasonable efforts are taken to improve the accuracy and integrity of the ButterflyDS Services, but we are not responsible for downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other errors. Notwithstanding any other provision of these Terms, we reserve the right to change, suspend, remove, or disable access to the ButterflyDS Services, or any functionality comprising a part of the ButterflyDS Services at any time without notice. In no event will we be liable for making these changes. As a registered user in good standing, you may be provided with limited service by ButterflyDS. We do not warrant, and will not have any liability or responsibility for your use of ButterflyDS Services or other the products or services we provide. We may also impose limits on the use of or access to the ButterflyDS Services, for any reason and without notice or liability. Our website, products and services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, failures of your telecommunication or internet service providers, Force Majeure, earthquakes, fires, floods, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.