Sentences with phrase «as other breaches»

Not exact matches

«The Commission has manifestly breached its duty to provide a clear and unequivocal statement of reasons in its decision, in relying simultaneously on grossly divergent factual scenarios, in contradicting itself as to the source of the rule that Ireland is said to have breached, and in suggesting that Ireland granted aid in relation to profits taxable in other jurisdictions,» the statement said.

You agree to defend, indemnify and hold harmless NBCUniversal, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and / or from your placement or transmission of any content onto NBCUniversal's servers, and / or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the online services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the online services.

Poland also faces complaints from the EU executive that it is breaching standards which others see as fundamental to the idea of the European Union and defying the bloc's rules.

As with other employees, these physical security breaches are not always an issue with the security personnel but rather the organization's general security protocols.

In some cases it has to remove content because of a court order, but in other cases it will remove even relatively inoffensive images and posts — such as pictures of women breast - feeding their children, for example — because it breaches the site's community standards, or because someone complains about the content.

In the same interview, Sandberg acknowledged that Facebook should have notified as many as 87 million users impacted by the improper access of data by Cambridge Analytica and its partners, and that the company may discover other, similar breaches.

They suggest that, as an additional prevention, every enterprise consider how to contain, rather than just prevent, a ransomware breach with network segmentation in addition to other strategies.

An attack can cost an organization heavily in investigative expenses and other response and aftermath costs, as well as lost business opportunities after its reputation takes a negative hit, according to IBM's annual global data breach costs study published this month.

As incidents involving data breaches by hackers litter the evening news, technophiles and technophobes alike have become more concerned about the security of their data, especially that tied to credit cards and other financial information.

And as a result of these security breaches, it's clear that businesses and other organisations are regularly losing large amounts of confidential data to increasingly well - organised cybercriminals.

After it first announced the data breach, Equifax offered customers affected free credit monitoring and identity protection services — as long as they agreed to a forced arbitration clause that barred them from joining forces with other wronged customers to sue the company.

In addition, Mr. Morley filed a subsequent lawsuit containing allegations that the formation of Square and the development of our card reader and decoding technologies constituted, among other things, breach of an alleged oral joint venture, fraud, negligent misrepresentation, civil conspiracy, unjust enrichment, and misappropriation of trade secrets, as well as other related claims.

Web site security and restrictions on use As a condition to your use of Services, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any other user of this web site; (iii) probe, scan, or test the vulnerability of this web site or Wellington Management's network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host, or network or otherwise attempt to disrupt our business; or (v) send unsolicited mail, including promotions and / or advertising of products and services.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

Leaving aside materiality — and I guess there's some question as to whether a court would find it material that Jana Partners is building an activist stake, though maybe not much of one — there's no breach of a duty if Jana «officially» decides to leak its information to other hedge funds.

Web site Security As a condition to your use of this Web site, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any other user of this Web site; (iii) probe, scan or test the vulnerability of this Web site or MFS» network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business; or (v) send unsolicited mail, including promotions and / or advertising of products and services.

If you become aware of, or believe there has been, any breach of security for any of your information stored on the Saxo Bank's website, such as the theft or unauthorized use of your User Name, password, or any other information, you will notify Saxo Bank immediately.

WASHINGTON — Facebook CEO Mark Zuckerberg said Wednesday that federal regulation of Facebook and other Internet companies is «inevitable» — an acknowledgement that comes as Congress is considering how to respond to a massive privacy breach at the social media giant.

In other words, Leidel's claims are viable, if at all, without reference to the User Agreements, as the duties Defendant allegedly breached were not imposed by those agreements.»

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

In the wake of the upcoming GDPR, as well as recent data breaches and alleged data misuse with Cambridge Analytica, Equifax, My Fitness Pal, and others, it's never been a better time for organizations to take a close look and ask hard questions around...

If one is a pastor or celebrity Christian not only is spiritual abuse and other abuses overlooked but overlooking abuse by your celeb cronies is casually accepted and asking questions is seen as breaching their «boundaries».

11 - 12) and constitute a shameful breach of Yahweh's promise to the patriarchs (v. 13; the prayer, as other aspects of the narrative, is informed by relatively late traditional stereotypes).

He is not a friend who always eagerly suspects a breach and looks out for faults; but he with whom he dwells as a son at the breast (of his mother), he is indeed a friend that can not be severed (from him) by others.

If you wish to access or correct your personal information held by Accolade Wines, or to complain about a possible breach of privacy, enquiries should be directed to the Data Protection Officer (for UK residents only) or the Privacy Officer (for all other regions) as follows:

Under the Caltex franchise agreement, if a franchisee is terminated due to a breach of the franchise agreement (which can occur for wage underpayment as well as other reasons) the value of the business is returned to Caltex with the franchisee receiving only the value of any stock or other owned assets.

Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause (s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code.

I fully indemnify, defend and hold harmless Car Throttle (and any third parties authorised by Car Throttle using or exploiting the Content), their respective officers, employees, successors, licensees and permitted assigns from and against: (a) any costs, claim, demand, action, damages, loss and / or expense arising from actions brought by any third parties arising from any breach of any of the representations, warranties or agreements made by you; (b) any claims of or respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights arising out of or relating to any use of the Content as authorised herein.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, fanatix's computer systems, or the technical delivery systems of fanatix's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by fanatix (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Fanatix (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of fanatix is expressly prohibited); (iv) forge any TCP / IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source - identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail - bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

The onus is on the maker or designer to do this (as it is with most retail) and where others» notice a breach of copyright to flag this up.

Without prejudice to the Sleep Lady Solutions, LLC, other rights under these terms and conditions, if you breach these terms and conditions in any way, Sleep Lady Solutions, LLC may take such action as Sleep Lady Solutions, LLC deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and / or bringing court proceedings against you.

What damages may a party seek for breach of contract: the loss suffered as a result of reliance on the other or the loss of the benefits that the contract promised?

The Labour government was accused of breaching the Golden Rule by unreasonably classifying current expenditure as investment: genuine investment increases the economy's productive potential, and is therefore a driver for growth, but spending on other items does not.

Technically, the county has been in breach of that agreement since Jan. 1, but the developer has been looking the other way as the administration worked to finalize a deal.

Without getting into details, Mr. Arhin outlined some of the grounds of the petition as being «financial misconduct, incompetence, conflict of interest, breaches of the public procurement processes, amongst others.

Go ahead tell me you have not said something about some woman, pretty or not pretty in your lifetime??? IF this is the worst the other side can come up with... good luck with that... as opposed to arming ISIS, Foundation Fraud, leaving countrymen to die, calling her rapist husband's victims sluts, breaching the security of our country and the criminal list goes on and on.....

The Court was therefore able to accept that the barrier raised against others by a veil concealing the face was perceived by the respondent State as breaching the right of others to live in a space of socialisation which made living together easier.

Shema is being charged alongside three others, Sani Hamisu Makana, Lawal Ahmad Safana and Ibrahim Lawal Dankaba before Justice Maikaita Bako of the Katsina State High Court for the alleged offences of criminal breach of trust, abuse of office and conversion of public funds to the tune of over N11billion Naira during his tenure as governor.

As we continue our investigation into the Equifax breach, it's vital to ensure that consumer data at the other major credit reporting agencies is safe.»

The other two breaches stood: «this does not affect the certificate as the findings of an illegal practice in relation to the other two matters can not be impugned».

In addition, these wanton and extra-judicial killings are in direct breach of Section 33 of the constitution which guarantees the rights of Nigerians to life as protected also under numerous other international legal instruments to which Nigeria is a signatory.

Still others create educational programs or work on policy questions, such as how to balance security and privacy, and how to address security breaches in the context of international law.

A carbon threshold breached, commitments to brain science made, mystery neutrinos found and human evolution revised — these and other events highlight the year in science and technology as picked by the editors of Scientific American

Claiming authorship for work done by others is considered to be a serious ethical breach in the research community, as is not disclosing potential conflicts of interest.

Some institutions consider the goals agreed upon in a PDP to be things to strive for; others might treat the PDP as a contract, with consequences resulting from any breaches.

Other breaches of RI, not so serious as to amount to RM, are referred to as questionable or detrimental research practices (QRP or DRP) and are nevertheless firmly discouraged and may also be sanctioned.

«We now know that the work done at Climatic Research Unit barely qualified as science; they kept it secret to stop other scientists checking it; thus breaching one of the foundations of the scientific method.»

By submitting User Materials to or using the Site, you represent that you have the full legal right to provide the User Materials, that such User Materials will not: (a) divulge any protected health information or infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including without limitation as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person or which impersonates another person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing or embarrassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know - how; or (i) constitute disclosure of any confidential information owned by any third party.

You will indemnify and hold the Endocrine Society, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, members, and contractors (the «Indemnified Parties») harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use.

24.3 You acknowledge and agree that the Company would be irreparably damaged if the terms of these Terms & Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms & Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.