2. USE OF THE SITE
A. Content. The Site may contain (i) materials and other items relating to Aqua and its services including layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the “look and feel” of the Site such as the selection, compilation, assembly, arrangement, and enhancement of the Site; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Aqua; and (iii) other forms of intellectual property (all of the foregoing, collectively, the “Content”). All rights, title, and interest in and to the Content available via the Site is the property of Aqua, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
B. Limited License. Subject to your strict compliance with these Terms, Aqua grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, or play the Content on a personal device, and retain one copy of the Content as it is displayed to you for your personal, non-commercial use only. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Content, which may be immediately suspended or terminated for any reason, in Aqua’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
C. Reservation of All Rights. All rights not expressly granted to you are reserved by Aqua and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Site for any purpose is prohibited.
D. Site Content Accuracy. Aqua will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, availability, and other matters. Aqua reserves the right to correct any errors and to update Site information at any time. We apologize for any inconvenience such errors may cause you.
E. Availability of Site and Content. Aqua may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them), in whole or in part, for any reason, in Aqua’s sole discretion, and without advance notice or liability.
F. Restrictions and Prohibited Uses. You agree that, except as otherwise authorized, you will not:
• Use the Site for any commercial or political purpose (including, without limitation, for purposes of collecting prices).
• Engage in any activities through or in connection with the Site that: harm, or attempt to harm, any individuals or entities; are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, scandalous, inflammatory, pornographic, profane, abusive; violate any right of any third party; could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or are otherwise objectionable to Aqua.
• Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, hidden text, or algorithms of the Site by any means whatsoever or modify any software (in either object code or source code) or other products, services, or processes accessible through any portion of the Site.
• Engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Aqua, or other users of the Site.
• Interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to the Site or the Content.
• Harvest, scrape, or otherwise collect or store any information, including personal information, from the Site.
• Attempt to gain unauthorized access to the Site or other computer systems or networks connected to the Site; attempt to probe, scan, or test the vulnerability of a system or network; or attempt to breach security or authentication measures without proper authorization.
• Use the Site to transmit information that is in any way false, fraudulent, or misleading.
• Monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) by using any robot, rover, bot, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.
• Frame or utilize framing techniques to enclose any Content (including any images, text, or page layout).
• Remove any copyright, trademark, or other intellectual property or proprietary notices or legends contained in the Content;
• Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, or transfer to any third party or on any third-party application or website, or otherwise use or exploit the Content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of Aqua.
• Insert any code or product to manipulate the Content in any way that adversely affects the Site or attempt to interfere with service to any user, host, or network.
• Otherwise violate these Terms.
You may send messages about Aqua to your friends using a tool we provide on the Site; in sending such messages, you represent that you are authorized to provide that individual’s contact information.
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (i) the links only incorporate text and do not use any Trademarks; (ii) the links and the content on your website do not suggest any affiliation with Aqua or cause any other confusion; (iii) the links and the content on your website do not portray Aqua or its products or services in a false, misleading, derogatory, or otherwise offensive manner; and (iv) your website does not contain content that is unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, or abusive or that violates any right of any third party or is otherwise objectionable to Aqua. Aqua reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.