Client Content means all business data and other information or
content that is made available by or on behalf of Client in
connection with its use of the Products. As between Tuskmelon
Business Solutions and Client, Client retains ownership of all
rights to the Client Content except as may otherwise be indicated
in a Statement of Work.
Client Content means all business data and other information or
content that is made available by or on behalf of Client in
connection with its use of the Products. As between Tuskmelon
Business Solutions and Client, Client retains ownership of all
rights to the Client Content except as may otherwise be indicated
in a Statement of Work.
Tuskmelon Business Solutions offers its clients various products
and services (each, a “Product”) that may be purchased as
subscriptions. Tuskmelon Business Solutions reserves the right, in
its sole discretion, to make any changes to the Products that it
deems necessary or useful to: (a) maintain or enhance: (i) the
quality or delivery of Tuskmelon Business Solutions’s Products to
its customers, (ii) the competitive strength of or market for the
Products or (iii) the Products’ cost efficiency or performance; or
(b) to comply with applicable law. The specific Product
subscriptions purchased by Client and made available by Company
will be identified in one or more separate, written schedules that
are entered into by both Parties and reference this Agreement
(each, a “Statement of Work”, as applicable).
Statements of Work signed by both Parties will become a part of
these Terms of Use and are incorporated herein by reference. To
the extent any provision of a Statement of Work conflicts with any
provision set forth herein, the provision set forth in such
Statement of Work will prevail.
Certain Products may involve distribution of Client Content,
including but not limited to business listing information (e.g.
store location, hours of operation, and contact information)
and/or other interactions with third parties (the “Publishers”)
that own or operate online business directories, search web sites,
social media web sites, mobile apps or other online properties
(the “Publisher Sites”). Client further acknowledges and agrees
that (i) all Client Content shall be subject to the Publishers’
character limits, quality standards and other applicable content
policies, and that any such content that does not conform to such
requirements may be rejected by the Publishers; (ii) the
Publishers may change their content policies and requirements at
any time and without notice, which may require changes to the
Client Content; (iii) the Publishers may reject or remove the
Client Content, or discontinue the display of Client Content, at
any time and for any reason; and (iv) the Publishers may display
competitive advertisements, business listings or other content on
the Publisher Sites in a manner and location that may make it
difficult for consumers to locate Client’s business listings.
You are responsible for any Client Content that You post or
transmit on or through the Products, and You represent and warrant
that You own or have all necessary rights to use the Client
Content, and to permit the distribution and use of the Client
Content as contemplated herein. You also agree that You will not
post or transmit any Client Content that (a) is unlawful,
threatening, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another’s privacy, tortious, obscene,
vulgar, pornographic, offensive, profane, contains or depicts
nudity, contains or depicts sexual activity, or is otherwise
inappropriate as determined by Us in our sole discretion, (b)
constitutes unauthorized or unsolicited advertising, (c)
impersonates any person or entity, including without limitation
any employee or representative of Tuskmelon Business Solutions, or
(d) includes anyone’s identification documents or sensitive
financial information.
We may, but have no obligation to, monitor, review or edit Client
Content. In all cases, We reserve the right to remove or disable
access to any Client Content for any or no reason, including but
not limited to Client Content that, in Our sole discretion,
violates these Terms of Use. We may take these actions without
prior notification to You or any third party. Removal or disabling
of access to Client Content shall be at Our sole discretion, and
We do not promise to remove or disable access to any specific
Client Content.
You agree to defend, indemnify, and hold Us harmless from and
against any claims, actions or demands, including, without
limitation, reasonable legal and accounting fees, arising or
resulting from Your breach of these Terms of Use or Your uploading
of, access to, or use or misuse of the Client Content or the
Services. We shall provide notice to You of any such claim, suit,
or proceeding and shall assist You, at Your expense, in defending
any such claim, suit or proceeding. We reserve the right to assume
the exclusive defense and control of any matter that is subject to
indemnification under this section. In such case, You agree to
cooperate with any reasonable requests assisting Our defense of
such matter.
