PLEASE READ CAREFULLY - THIS IS A BINDING CONTRACT
By using this site located at https://apimarketplace.lumen.com/ or such other location as Lumen may designate, you and the company that you are employed by (“Customer”) agree to the following terms and conditions. “You” and “Your” will refer to you and to Customer and its employees, agents, Affiliates and other individuals using the API / UI Service on Customer’s behalf. “Affiliate” will mean any entity controlling, controlled by, or under common control with another entity at any time during the Service Period.
4. Disclaimers. THE API / UI SERVICES ARE PROVIDED “AS-IS” AND LUMEN MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING USE OF THE API / UI SERVICES AND MAKES NO WARRANTY THAT THE API / UI SERVICES OR USE THEREOF WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. LUMEN HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR ANY WARRANTY OF NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. YOU ACKNOWLEDGE THAT THE API / UI SERVICES MAY INCLUDE VERSIONS OF SOFTWARE, APPLICATION PROGRAMMING INTERFACES, BUGS, VIRUSES AND OTHER ERRORS, MAY HAVE LIMITED FUNCTIONALITY, MAY BE SUBJECT TO INTERRUPTIONS OR DELAYS, MAY NOT PROCESS DATA PROPERLY, MAY NOT OPERATE IN ACCORDANCE WITH ANY SPECIFICATIONS OR DOCUMENTATION, AND/OR MAY NOT SUPPORT YOUR BUSINESS REQUIREMENTS (“ERRORS”). ANY DOCUMENTATION, USER’S MANUALS, SPECIFICATIONS, AND OTHER MATERIALS SUPPLIED BY LUMEN PERTAINING TO THE API / UI SERVICES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. LUMEN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY MATERIALS SUPPLIED IN CONNECTION WITH THE API / UI SERVICES, OR ACCURACY OF ANY RESULTS OR OUTPUT RENDERED BY THE API / UI SERVICES OR THAT THE API / UI SERVICES ARE ERROR-FREE, AND YOU AGREE THAT LUMEN WILL NOT BE LIABLE FOR ANY DAMAGE SUFFERED BY YOU IN CONNECTION WITH YOUR USE OF API / UI SERVICES OR CAUSED BY SUCH ERRORS. YOU AGREE THAT LUMEN WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY ON YOUR BEHALF FOR ANY REASON WHATSOEVER. YOUR USE OF THE API / UI SERVICES IS AT YOUR OWN RISK, AND YOU AGREE THAT ANY AND EVERY FORM OF LIABILITY TO LUMEN IS EXPRESSLY DISCLAIMED. SOLELY IN CONNECTION WITH THE API / UI SERVICES, YOU HEREBY DISCLAIM, WAIVE AND FOREVER DISCHARAGE LUMEN FROM ANY AND ALL WARRANTIES AND INDEMNITIES SET FORTH IN AGREEMENTS BETWEEN YOU AND LUMEN, INCLUDING YOUR MASTER SERVICE AGREEMENT OR YOUR ORDER, OR OTHERWISE AVAILABLE UNDER COMMON OR STATUTORY LAWS.
8. Prohibitions. You agree not to perform any of the following activities in connection with the API/UI Services or your use of the API Marketplace:
- Upload any data or file that is unlawful, vulgar, morally objectionable, obscene, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals).
- "Stalk" any other person or entity;
- Harm minors in any way;
- Upload any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.