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Acceptable Use

Last Modified: [January 2018]
Effective Date: [January 2018]

Please read this Acceptable Use Policy of Unified Potential, Inc., a Virginia non-stock corporation (referred to in this Acceptable Use Policy as “Unified Potential”, “UP”, “we”, “us”, or “our”) carefully to understand our policies for how you may use the MoveUP System (including our website located at www.moveuplynchburg.org and our MoveUP software and mobile applications), the MoveUP Driver Services (as defined in the Driver Agreement), and all related systems and services provided by Unified Potential (all of the foregoing are collectively referred to herein as the “MoveUP Services”). This Acceptable Use Policy is part of the MoveUP User Agreement, located at [www.moveuplynchburg.org/move-up-user_agreement.html] (the “MoveUP User Agreement”), and part of the MoveUP Driver Agreement, located at [www.moveuplynchburg.org/move-up-driver-agreement.html] (the “MoveUP Driver Agreement”) (each, an “Agreement” and collectively, the “Agreements”). Except as otherwise defined herein, all terms used in this Acceptable Use Policy have the meanings set forth in the applicable Agreement. Please read this Privacy Policy and the applicable Agreement carefully to understand our policies and practices regarding how we use your information.

1.  Overview.  We respect the safety and rights of others, and we require each of our Drivers and other users to do the same. In order to comply with legal requirements and to provide a better MoveUP experience for all of our users, you must comply with all of the provisions of this Acceptable Use Policy. In general, you must not use the MoveUP Services in any way that infringes or violates the rights of the UP Parties (as defined in the Agreements) or any other person, violates the law, or is likely to do those things.

2.  Intellectual Property Rights.
2.1.  Generally.  You are not allowed to use the MoveUP Services in any way that infringes the intellectual property rights or publicity rights of the UP Parties or any other person or entity, and you represent to us that any content you upload, post, send, submit, transmit, or otherwise transfer to or through the MoveUP Services (“Your Content”) does not infringe any person or entity’s intellectual property rights or publicity rights.

2.2.  Trademarks.
2.2.1.  What is a Trademark?  A trademark is any word, slogan, symbol or design (such as a logo), or sound that is used by an individual, business, or organization to identify its goods or services and to distinguish them from those created, provided, or sold by others. The purpose of trademark law is to prevent consumers from being confused about who provides or is affiliated with a product or service. The owner of a trademark has the right to prevent others from using its trademarks (or similar trademarks) in a way that is likely to confuse people into thinking that the person using the trademark is the trademark owner or has a relationship with the trademark owner or that the trademark owner approves or endorses the other person’s products or services.

2.2.2.  Using Trademarks.  Your Content must not:
• Use any of the Unified Potential trademarks or copyrighted materials (including the names “Unified Potential”, “MoveUP”, “UP”, and our logos) except with our prior written permission;

• Impersonate or attempt to impersonate any of the UP Parties or our employees;

• Use the name of another person, organization, or brand with the intent to impersonate that person, organization, or brand;

• Use anyone else’s trademarks in any way that is likely to cause confusion about your relationship with the owner of the trademark or gives the impression that the owner of the trademark approves or endorses you or Your Content; or

• Be offensive, vulgar, or obscene. 2.3.  Copyrights.  Copyright law protects original works of authorship (such as drawings, photos, and reviews). Copyright can protect the words or images that express an idea, but not facts or ideas themselves. Your use of the MoveUP Services (including Your Content) must not infringe any person or entity’s copyrights.

3.  Safety and Rights of Others.  You agree that you will not:
• Use the MoveUP Services for the purpose of exploiting or harming (or attempting to exploit or harm) minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

• Transmit spam, junk mail, chain letters, pyramid schemes, or the like through the MoveUP Services;

• Transmit through the MoveUP Services any other person’s private or sensitive information, including, for example, Social Security numbers or taxpayer identification numbers, passport numbers, driver’s license numbers or other government-issued identification numbers, bank account numbers, credit or debit card numbers, login or authentication credentials (such as passwords), non-public contact information (including phone numbers, street or mailing addresses, and e-mail addresses), addresses or locations that are considered and treated as private, images or videos that are considered and treated as private under applicable laws, or other similar information;

• Use the MoveUP Services to engage in phishing;

• Use the MoveUP Services to publish falsehoods or misrepresentations that could damage or harm the UP Parties or any other person;

• Submit any content that is obscene, defamatory, libelous, slanderous, threatening, harassing, abusive, embarrassing, hateful, or racially or ethnically offensive to any other person, or that is unlawful or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or • Use the MoveUP Services to stalk, harass, or impersonate any person.

4.  No Disruptive Activities.  We want all of our users to enjoy a high quality experience when using the MoveUP Services. You agree that you will not:
• Send any content to or through the MoveUP Services that does not comply with this Acceptable Use Policy;

• Access or use the MoveUP Services using the account of another user;

• Circumvent, compromise, or undermine the security or integrity of the MoveUP Services, or attempt to do so;

• Probe, scan, or test the vulnerability of the MoveUP Services, or an systems, networks, servers, computers, devices, or equipment owned or controlled by the UP Parties, our users, our business partners, or our affiliates;

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the MoveUP Services, or any server, network, computer, device, system, or database owned or controlled by any of the UP Parties, our users, our business partners, or our affiliates or related to, associated with, or connected to the MoveUP Services;

• Use any automated device, process, or means (such as robots or spiders) to access or use the MoveUP Services for any purpose, including monitoring or copying any content;

• Attack the MoveUP Services via a denial-of-service or distributed denial-of-service attack;

• Use the MoveUP Services in any manner that we believe could disable, overburden, damage, impair, or interfere with the proper operation of the MoveUP Services;

• Interfere with or disrupt the performance or integrity of the MoveUP Services or any data transmitted by or through the MoveUP Services;

• Engage in any other conduct that, in our determination, restricts or inhibits anyone’s use or enjoyment of the MoveUP Services (including the ability of other users to engage in real-time conversations through the MoveUP Services) or that may harm any of the UP Parties, our users, our business partners, or our affiliates or expose the UP Parties, our users, our business partners, or our affiliates to liability; or

• Transmit any viruses, Trojan horses, worms, malware, or other material which is malicious or technologically harmful through the MoveUP Services.

5.  Banned Users.  We reserve the right to permanently ban any person who violates this Acceptable Use Policy (or any other provision of the Agreements). You agree that if you are banned you will not, at any time after being banned, access or use the MoveUP Services or attempt to do so.

6. Adult Content.  You are prohibited from uploading, posting, or transmitting any content that includes visual depictions of nudity, pornography, sexual acts, the consumption of illegal substances, or acts of violence, or any content that is inappropriate for minors.

7. Contacting Us.  If you have any questions about this Acceptable Use Policy, you may contact us by e-mail at [letsgo@movveuplynchburg.org].

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