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Terms and Conditions



The following is a comprehensive list of all "Terms and Conditions" that I have agreed to since April 21, 2016 when recording began. "Terms and Conditions" includes any terms of use, terms of service, license agreements, privacy notices, privacy policies, acceptable use policies, disclaimers, customer agreements and conditions of supply and sale that I have had to "agree" or "accept" or otherwise claim to have read while using a computer, phone or tablet device. Not included are physical documents that I have signed or otherwise claimed to have read. The terms and conditions are listed in the approximate chronological order in which they were encountered.

The word count is currently: 1,553,926 words

This corresponds to words per day since recording began


Contents:

1. Standard Terms and Conditions of Use of Qantas/Everywhere Internet

2. PlayStation Network Terms of Service and User Agreement

3. PSN Community Code of Conduct

4. Electronic Arts Software End User License Agreement

5. Electronic Arts Terms Of Service

6. Electronic Arts Privacy And Cookie Policy

7. Adobe Personal Computer Software License Agreement

8. Commonwealth Bank Electronic Banking Terms and Conditions

9. Acceptable Use of UQ ICT Resources

10. UQ ICT Security

11. Commonwealth Bank Support Community - Terms & conditions

12. Oztix Privacy Statement, Privacy Policy And Collection Notification Statement

13. Oztix Collection Notification Statement - Online Ticket Purchases

14. Australian Electoral Commission Privacy Policy

15. iOS Terms and Conditions

16. iCloud Terms and Conditions

17. Game Center Terms and Conditions

18. Apple Privacy Policy

19. Oracle Binary Code License Agreement for the Java SE Platform Products and JavaFX

20. UQ Rentals - website terms of use

21. MyGov Terms of use

22. Vaya Direct Debit Agreement

23. UQ mySI-net Plagiarism Detection

24. UQ mySI-net Privacy Statement

25. Queensland Rail Free WiFi terms and conditions

26. Weaved Terms of Use

27. Weaved End User License Agreement

28. Weaved Privacy Policy

29. MyGov Privacy Policy

30. UQ Information Technology Services Terms and Conditions

31. Michael Slater Ankylosing spondylitis exercise video disclaimer and exclusion of liability

32. SofTestV12 Software License Agreement

33. GoCard Terms and Conditions

34. GoCard Concession Registration Agreement

35. Volunteer Queensland Volunteer Linking Acknowledgement and Disclaimer

36. Wise Realty Privacy Disclosure Statement

37. Centrelink Self Service Conditions of Use

38. AbeBooks Terms and Conditions and Customer Agreement

39. Namecheap Universal Terms of Service Agreement

40. Namecheap Web Hosting - Terms of Service (TOS)

41. Namecheap Web Hosting - Privacy Policy

42. Namecheap Web Hosting - Acceptable Use Policy (AUP)

43. Falls Creek Conditions Of Supply And Sale

44. Escape Medical Viewer Terms and Conditions

45. Medscape Terms of Use

46. Medscape Privacy Policy

47. [unavailable]

48. National Computational Infrastructure High Performance Computing Conditions of Use

49. Conditions of Use for Endnote version X7 for Mac OSX

50. Apple Media Services Terms and Conditions

51. Qantas Red e-Deal conditions

52. Qantas Conditions of Carriage

53. Pawsey Supercomputing Centre Conditions of Use

54. Spotify Terms and Conditions of Use

55. Spotify Privacy Policy

56. Snapchat Terms of Service

57. Snapchat Privacy Policy

58. Neopets Terms of Use

59. Neopets Privacy Policy and your California Privacy Rights

60. Apple Inc. Mac SDK And Xcode Agreement

61. Python Software License Agreement

62. Apple Developer Agreement

63. Xcode and Apple SDKs Agreement

64. Odnoklassniki License Agreement (Translated from Russian with Google Translate)

65. Facenama Regulations (Translated from Farsi with Google Translate)

66. XQuartz Software License Agreement

67. Online-Convert.com Terms and Conditions

68. QuickTime Player 7 Software License Agreement

69. Microsoft Services Agreement

70. Microsoft Privacy Statement

71. Microsoft Azure Marketplace Terms of Use

72. Microsoft Translator Online Service Agreement

73. Microsoft Translator Privacy Policy

74. MacOS Sierra Software License Agreement

75. Twitter Developer Agreement & Policy

76. GNU Octave Terms and Conditions

77. MathWorks Privacy Policy

78. Cairns Airport Free Wifi End User License Agreement

79. Cairns Airport Free Wifi Privacy Policy

80. Cairns Airport Free Wifi Terms and Conditions

81. MathWorks, Inc. Software License Agreement

82. ACMI Public WIFI Terms and Conditions

83. Twitch Terms and Conditions

84. Twitch Privacy Policy

85. Samsung Galaxy S3 End User License Agreement

86. Google Terms of Service

87. Google Privacy Policy

88. Google Chrome Terms of Service

89. Google Chrome Privacy Notice

90. Google Play terms of service

91. Samsung Account Terms and Conditions

92. Samsung Account Privacy Policy

93. Hand Hygeine Australia Privacy Policy

94. Queensland Health iLearn Terms of Use

95. Evernote Terms of Service

96. Evernote Privacy Policy

97. Brisbane Powerhouse Privacy Policy 2016

98. Mail.ru User Agreement

99. Hi5 Terms of Service

100. Hi5 Privacy Policy

101. Douban Use Agreement (Translated from Chinese with Google Translate)

102. Photobox Terms of Use

103. Photobox Privacy Policy

104. Zazzle User Agreement

105. Zazzle Privacy Policy

106. Kahoot Terms

107. Kahoot Privacy Policy

108. Kahoot Children’s Privacy Policy

109. System software license agreement (version 1.4) for the PlayStation 3 system

110. Queensland Health's Public Netowrk Terms and Conditions of Use

111. Moreton Island Adventures Terms and Conditions

112. Nintendo Account Agreement

113. Nintendo Account Privacy Policy

114. Go Via Customer Service Agreement

115. Go Via Privacy Policy

116. Hypnosis Downloads.com Terms of Use

117. Gumtree Terms of Use

118. Gumtree Privacy Policy

119. Ditty Terms of Service

120. Ditty End User License Agreement

121. Ditty Privacy Policy

122. JSTOR Terms and Conditions of Use

123. BorrowBox Terms & Conditions

124. BorrowBox Privacy Policy

125. Adobe General Terms of Use

126. Adobe Privacy Policy

127. Sticky Tickets Terms and Conditions of Use, Sale and Purchase

128. Queensland Government Privacy Policy

129. Specsavers Privacy Policy

130. Red 25 Terms and Conditions

131. Blood Service Privacy Policy

132. SofTest License Agreement

133. AdBlock Plus terms of use

134. SBS terms of service

135. SBS privacy policy

136. iTunes Software Licence Agreement

137. QWPS Account Terms and Conditions

138. QWPS Terms and Conditions

139. Chalk & Wire Learning Assessment Inc. Product(S) Release Agreement

140. iMovie Software License Agreement

141. JSTOR Terms and Conditions

142. Jetstar Starter Fare Rules

143. Jetstar Conditions of Carriage

144. NSW National Parks and Wildlife Service Terms and conditions for campgrounds and accommodation

145. Big W photos terms and conditions

146. Ben Boyd National Park Terms and Conditions

147. Software Licence Agreement for macOS High Sierra

148. Melbourne Airport Wi-Fi Access: Terms Of Use

149. Intercity terms and conditions of travel

150. Expedia Rules and Restrictions

151. Expedia Website Terms of Use

152. Expedia Privacy Pledge

153. Expedia Review and Photo Submission Rules

154. Clinical Skills Development Service Terms and Conditions

155. PiAustralia Terms & Conditions

156. Kayak Terms and Conditions

157. Kayak Privacy Policy

158. ZamaYoga Liability Waiver

159. WhatsApp Terms of Service

160. WhatsApp Privacy Policy

161. Jetstar Conditions of Carriage

162. Jetstar Privacy Policy

163. Jetstar Privacy Statement

164. AliBaba Free Membership Agreement

165. Daemon Tools for Mac End User License Agreement

166. Department of Internal Affairs Public Terms of Use

167. D-Link End User License Agreement

168. Microsoft Software License Terms - Microsoft Media Creation Tool

169. Microsoft Software License Terms - Windows Operating System

170. Unity Terms of Service

171. Microsoft Software License Terms Microsoft Visual Studio Community 2017

172. Scribd General Terms of Use

173. Scribd Privacy policy

174. Blender General GNU License

175. License For Customer Use of NVIDIA GeForce Software

176. License For Customer Use of NVIDIA Software

177. Android SDK Terms and Conditions

178. Unity Asset Store - Terms Of Service

179. Youtube Terms of Service

180. Black Dog Institute Mood Assessment Program Terms and Conditions and Privacy Statement

181. OnlineVideoConverter Terms And Conditions

182. Headspace Terms and Conditions

183. Headspace Privacy Policy

184. Slack User Terms of Service

185. Slack Privacy Policy

186. Slack Cookie Policy

187. WinZip License Evaluation Version

188. Microsoft Software License Terms Microsoft Xml Core Services (Msxml) 4.0 Service Pack 3

189. End-User License Agreement For “Age Of Mythology®— Additional Content Files”

190. Mood Prism User Information Sheet

191. GitLab User Agreement

192. GitLab Website Terms of Use

193. GitLab Privacy Policy

194. JetBrains Privacy Policy

195. ImgBurn End User License Agreement

196. Sierra End User License Agreement

197. GameCopyWorld Terms and Conditions

198. WinRAR End User License Agreement

199. SD Memory Card Formatter End User License Agreement

200. Apple Inc. Macos Sdk And Xcode Agreement

201. Plant Essentials FAQ & Terms & Conditions

202. PayPal Privacy Policy

203. Updated BorrowBox Terms and Conditions

204. Updated BorrowBox Privacy Policy

205. Updated Instagram Terms of Use

206. Updated Instagram Data Policy

207. Stack Exchange, Inc. Cookie Policy

208. Stack Exchange, Inc. Privacy Policy

209. Stack Exchange Public Network Terms of Service

210. Gameranger Terms of use

211. Terms Of Service For Logmein And Goto Services

212. LogMeIn Privacy Policy

213. Voobly Terms of Use

214. Wikimedia Terms of Use (Our use of wikipedia.org long predates our noticing a disclaimer suggesting that continued use implies agreement to these terms of use)

215. Wikimedia Privacy Policy(Our use of wikimedia.org long predates our noticing a disclaimer suggesting that continued use implies agreement to this privacy policy)

216. Dropbox Terms of Service

217. Alibaba Transaction Services Agreement (Our use of Alibaba predates our noticing a disclaimer suggesting that continued use implies agreement to this agreement)

218. Alipay Services Agreement (Our use of Alibaba predates our noticing a disclaimer suggesting that continued use implies agreement to this services agreement)

219. Alibaba “7 Day Delivery” Promotion Terms And Conditions

220. InPlace Student Placement Terms and Conditions

221. Update to Unity Terms of Service

222. Update to Unity Privacy Policy

223. TeamViewer Website Privacy Policy

224. TeamViewer Cookie Policy (exlcuding Annex 1, the full list of cookies used)

225. TeamViewer End User License Agreement

226. Stake Terms and Conditions

227. Stake Financial Services Guide

228. Macquarie Cash Management Account Product Information Statement

229. Macquarie Cash Management Account Further Information Guide

230. Macquarie Cash Management Account Fees, limits and lodgement times

231. DriveWealth Customer Account Agreement

232. Google Cloud Platform Terms of Service

233. Supplemental Terms and Conditions For Google Cloud Platform Free Trial

234. VNC Connect End User License Agreement

235. WeChat Privacy Policy

236. FreeLists Privacy Policy

237. FreeLists Terms and Conditions

238. Anaconda End User License Agreement

239. MindBody Terms of Services

240. MindBody Privacy Policy

241. Opera Terms of Service

242. RMIT Privacy Policy

243. IntegraPay Direct Debit Request Service Agreement

244. Centrelink Privacy Notice

245. Avant Website Terms of Use

246. Unique Student Identifier Student Privacy Terms and Conditions

247. Brisbane Council Free Wifi Terms and Conditions of Use

248. Flatmates.com Personal Information Collection Statement

249. Flatmates.com Terms and Conditions of Use

250. Flatmates.com Privacy Policy

251. Flatmates.com.au Community Charter

252. Software License Agreement for macOS Mojave

253. Easyroommate Website Visitor & User Agreements

254. Easyroommate Privacy Policy

255. Working with Children's Check Consent and Declaration

256. Acland's Video Atlas Privacy Policy

257. Radiopaedia Terms of Use

258. Indigenous X Privacy Policy

259. Updated Spotify Terms and Conditions

260. [Redacted]

261. [Redacted]

262. Trip.com Flight Ticket Booking Policies

263. Trip.com Privacy Policy

264. tApp Privacy Consent

265. RMIT University Casual Employment Contract

266. RMIT Code of Conduct

267. Uber Terms of Use

268. Uber Privacy Policy

269. New South Wales Fair Trading New Tenant Checklist

270. DIONE Terms and Conditions

271. Unidays Cookie Policy

272. Unidays Terms of Service

273. GÉANT Data Protection Code of Conduct (CoCo)

274. Unidays Pivacy Policy

275. reCAPTCHA Terms of Service

276. Google APIs Terms of Service

277. GNU General Public License

278. Unisuper Member Online

279. License Agreement for MAMP and MAMP PRO

280. AMA (American Medical Association) Cookie Policy

281. GeeksForGeeks Cookie Policy

282. GeeksForGeeks Privacy Policy

283. MAGICapp Terms of Service

284. Red Cross Blood Service Terms and Conditions

285. NPS MedicineWise Terms of Use

286. Facebook Terms of Service

287. Facebook Data Policy

288. Facebook Cookie Policy

289. Red Cross Blood Donation Website Self Service Collection Statement

290. Red Cross Blood Donation Website Self Service Terms and Condition

291. Red Cross Blood Donation Privacy Policy

292. Purple WiFi Terms and Conditions

293. Purple WiFi Privacy Policy

294. Beemit Product Disclosure Statement and Terms and Conditions

295. Beemit Privacy Policy

296. McDonald's WiFi Terms and Conditions

297. Blackboard Privacy Policy

298. Parkrun Terms and Conditions

299. Parkrun Privacy Policy

300. Imaios Cookies Agreement

301. License to Use BodyParts 3D Database

302. Eroma Privacy Policy

303. Eroma Terms and Conditions

304. Heirloom Body Care Privacy Policy

305. Heirloom Body Care Terms and Conditions

306. USI Website Privacy Policy and Terms and Conditions

307. Change.org Privacy Policy

308. Change.org Terms and Conditions

309. MacOS Catalina License Agreement

310. Atom Terms and Conditions

311. Oracle Technology Network License Agreement for Oracle Java SE

312. MedicalDirector Clinical, MedicalDirector PracSoft, MedicalDirector Blue Chip and MedicalDirector Sidebar End User Licence Agreement

313. Eventbrite Terms of Service

314. Eventbrite Privacy Policy

315. BitTorrent End User License Agreement(EULA)

316. Microsoft Software License Terms Microsoft Visual Studio Code

317. Weights and Biases Terms of Service

318. National Police Check Privacy Notice

319. Australia Post National Police Check Terms and Conditions

320. Australia Post Digital iD™ Terms of Use

321. Australia Post Digital iD™ Privacy Notice

322. Ultimaker Cura User Agreement

323. Autodesk License and Services Agreement

324. Autodesk Mesh Mixer End User License Agreement

325. Docker Terms of Service

326. Personal Data Processing Agreement for DockerServices

327. Docker Privacy Policy

328. Deepart.io Privacy policy

329. Universal Student Identifier Terms and Conditions

330. Y2mate Term Of Service

331. Twitter Terms of Service

332. Twitter Privacy Policy

333. Twitter Cookies Policy

334. LinkedIn Pages Terms

335. Samsung Notice of Changes to the Customization Service

336. Node.js Software License Agreement

337. Microsoft Software License Terms - Microsoft Visual Studio 2015 Add-Ons, Visual Studio Shells and C++ Redistributable

338. Microsoft Software License Terms Microsoft XML Core Services (MSXML) 6.0

339. Queensland Health Intern Campaign Application Terms and Conditions

340. Postgraduate Medical Council of Victoria Candidate and Health Service Code of Conduct

341. MyPost Account Terms of Use

342. MyPost Privacy Notice

343. MyPost Deliveries Terms of Use

344. Epic Games Terms of Service

345. Sonru Terms of Service

346. Sonru Website Privacy Policy

347. Sonru Cookies Policy

348. ProctorU Terms of Service

349. ProctorU Privacy Policy

350. Dgraph Community License Agreement

351. Digital Ocean Terms of Service Agreement

352. Digital Ocean Privacy Policy

353. MedApp Conditions of Use

354. Cloudflare Self-Serve Subscription Agreement

355. Cloudflare Privacy Policy

356. Cloudflare Cookie Policy

357. Let’s Encrypt Subscriber Agreement

358. New Zealand Parliament Petition Disclaimer

359. SoundCloud Terms of Use

360. SoundCloud Privacy Policy

361. SoundCloud Cookie Policy

362. UQ Academic Results Terms of Use

363. UQ Academic Results Privacy Policy

364. My eQuals Terms of Use

365. eQuals (Higher Ed Services) Privacy Policy

366. Equifax Terms of Supply

367. Fit2Work Statement of Work

368. Paypal Privacy Statement

369. Adobe Acrobar Reader Software License Agreement

370. Microsoft Software License Terms Microsoft DirectX Software Development Kit (SDK)

371. Microsoft Software License Terms Microsoft DirectX End User Runtime

372. 1Form Privacy & Tenant Declaration

373. End User License Agreement For ExamSoftware Worldwide, Inc.

374. AHPRA Consent to nationally coordinated criminal history check

375. Medical Deans Australia And New Zealand Medical Schools Outcomes Database And Longitudinal Tracking Project Participant Consent

376. Myki Privacy Policy

377. Myki Terms and Conditions of Use

378. Queensland Department of Environment and Science Engagement HQ Terms of Use

379. Queensland Department of Environment and Science Engagement HQ Privacy Policy

380. Budget Truck Rental Renter Requirements

381. Budget Terms and Conditions of Rental

382. Rental Tenancies Bond Authority Electronic Transactions Facility Terms of Use

383. Hertz Terms and Conditions

384. HandyHire Handy Rentals Terms and Conditions of Hire

385. Facebook Terms of Service

386. Facebook Data Policy

387. Facebook Cookies & Other Storage Technologies

388. Honey Terms of Use

389. Honey Privacy and Security Policy

390. PRODA Terms and Conditions

391. Health Provider Online Service Terms and Conditions

392. Blood Safe Terms of Use

393. Australian Commission on Safety and Quality in Healthcare Privacy Policy

394. Australian Government Births Deaths and Marriages Terms of Use for Stakeholder Users

395. Kogan Terms and Conditions

396. Kogan Privacy Policy

397. LinkedIn User Agreement

398. LinkedIn Privacy Policy

399. LinkedIn Cookie Policy

400. Instagram Terms of Use

401. Instagram Data Policy

402. Instagram About Cookies

403. Twitter Terms of Service

404. Twitter Privacy Policy

405. Twitter Cookie Policy

406. Credit Suisse Cookies and Tracking Policy

407. Springer Privacy Policy

408. Restream Terms of Service

409. Plaid End User Privacy Policy

410. GoFundMe Terms of Service

411. Global Slavery Index Terms & Conditions

412. Global Slavery Index Privacy Policy

413. ATO Privacy Notices for Online Services

414. ATO myGov Terms and Conditions and Privacy Notices

415. PetrolSpy Disclaimer

416. Software License Agreement For macOS Big Sur

417. Firebase Crashlytics and Firebase App Distribution Terms of Service

418. Google Measurement Controller-Controller Data Protection Terms

419. EU User Consent Policy

420. Google Analytics Terms of Service

421. Figma Terms of Service

422. Figma Privacy Policy

423. Beyond Blue Privacy Policy

424. Stack Exchange Cookie Policy

425. SafeScript Privacy Policy [pending]

426. SafeScript Terms and Conditions [pending]

427. PayPal Privacy Statement

428. PayPal Combined Financial Services Guide and Product Disclosure Statement

429. PayPal User Agreement

430. DHHS Privacy Statement

431. Myki Direct DebitService Agreement

432. Human Rights Arts and Film Festival Notice Of Filming And Photography

433. Google Payment Australia Pty Limited Product Disclosure Statement

434. Google Payments Privacy Notice

Standard Terms and Conditions of Use of Qantas/Everywhere Internet Version Q_1.0 - October 2012 These terms and conditions comprise the numbered clauses shown below. Please read these terms carefully, and be sure that you understand them. You should be aware that we can change these terms at any time. If we change these terms, online versions of these terms and conditions will always be updated to reflect those changes Qantas and Everywhere Internet ("Qantas/Qantas/Everywhere Internet") provides you ("the Customer") with access to the Internet ("the Service") on the following terms and conditions 1. THE SERVICE 1.1 Qantas/Everywhere Internet will provide the Customer with all identification and log-in information required for connection to the Service. 1.2 Qantas/Everywhere Internet may, at its discretion, retain and assess any data or information concerning the Customer's use of the Service. 1.3 The Customer is responsible for maintaining the secrecy and confidentiality of all identification and log-in information required by the Customer to access the Service. 1.4 The Customer acknowledges that Qantas/Everywhere Internet does not and cannot in any way supervise, edit or control the content and form of any information or data accessed through the Service, or interception and/or misuse of any information or data by unauthorised third parties. 1.5 Qantas/Everywhere Internet will not be held responsible in any way for any content or information accessed via the Service. 1.6 Qantas/Everywhere Internet has no responsibility to provide training in the use of the Service pursuant to these terms and conditions. Qantas/Everywhere Internet does not provide support for any equipment, including computer hardware or software, which is not provided by Qantas/Everywhere Internet as part of the Service. 1.7 Qantas/Everywhere Internet provides no warranties or representations regarding the speed, interruption or failure of the Service. The Service is provided on an as is basis. Qantas/Everywhere Internet reserves the right to alter the speed of the Service and the priority given to different types of internet traffic transiting through the Service at any time and without prior notice to the Customer. 1.8 The Customer agrees not to assign, transfer, or re-sell or re-market any aspects of the Services provisioned by Everywhere Internet under this Agreement or any rights given by the use of the Service, unless prior written permission from an authorised officer of Everywhere Internet has been given to the Customer. 2. FEES 2.1 The Customer is liable for all fees resulting from use of the Service accessed through the Customer's identification or log-in information, whether authorised by the Customer or not. Disclosure or loss of identification or login information that results in the incurring of fees or misuse of the Service is the Customer's responsibility and any such occurrences should be immediately communicated to Qantas/Everywhere Internet. A bill presented by Qantas/Everywhere Internet will be deemed to be correct and prima facie evidence of all connection, access, usage and other fees contained therein. 2.2 The Customer agrees to comply with all directions pertaining to the access and use of the Service granted to the Customer by Qantas/Everywhere Internet. 2.3 Fees paid by the Customer for access to the Service are stored by Qantas/Everywhere Internet as Credit. Credit is valid for 3 (three) months from the date of last use of the Service and or Username by the Customer, after which time Credit will be expired. 3. ACCEPTABLE USE OF THE SERVICE 3.1 The Customer agrees not to disclose to any other person, corporation, entity or organisation any identification or log-in information, whether in use or not, nor any other confidential information relating to the Service or Everywhere Internet. 3.2 The Customer warrants that in accessing and using the Service it will only use software that it is legally entitled to use and that such use will not be a breach of copyright. 3.3 The Customer will not act on or through the Service so as to interfere with or disrupt Internet users, service providers, their computers, software or hardware. Such actions include, but are not limited to, the circulation of any unsolicited publicity or advertising material , propagation of computer worms and viruses, using the Service to make an unauthorised access of any other computer accessible via the Service, sending harassing, obscene, indecent, offensive or threatening electronic mail, forgery (or attempted forgery) of electronic mail messages and the placement, transmission or storage of any defamatory material on the Internet. 3.4 The Customer agrees to refrain from the bulk transmission of unsolicited electronic mail (SPAM). 3.5 The Customer will not access, nor permit any other party to access, the Service for any purpose or activity of an illegal, fraudulent or defamatory nature. 3.6 The Customer will not reproduce, distribute, transmit, publish, copy, transfer or commercially exploit any information accessed through or received from the Service that would be an infringement of any copyright, patent, trademark, design or other intellectual property right. 3.7 The customer will not use the Service, attempt to use the Service or allow the Service to be used in any way to engage in conduct or activities that Everywhere Internet considers could adversely affect or prejudice the Qantas/Everywhere Internet reputation or brand. 4. WITHDRAWAL OF ACCESS 4.1 Qantas/Everywhere Internet reserves the right to immediately, and without notice to the Customer, withdraw the Customer's access to the Service if the Customer misuses the Service or fails to comply with the Customer's obligations as to the use and access of the Service as specified in these terms and conditions. 5. LIABILITY AND INDEMNITY 5.1 Qantas/Everywhere Internet disclaims all or any liability for any material on the Internet that the Customer finds offensive, upsetting, defamatory, personally offensive and in any way unsuitable for people under the age of eighteen (18). 5.2 Except in relation to liability for personal injury (including sickness and death), Qantas/Everywhere Internet will be under no liability to the Customer in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied pursuant to these terms and conditions or in respect of a failure or omission on the part of Qantas/Everywhere Internet to comply with its obligations under these terms and conditions. 5.3 The Customer releases and indemnifies Qantas/Everywhere Internet, its servants and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against Qantas/Everywhere Internet arising out of a breach of these terms and conditions by the Customer or the negligence of the Customer, its agents, employees or sub-contractors or of any other person for whose acts or omissions the Customer is vicariously liable. 5.4 The Customer releases and indemnifies Qantas/Everywhere Internet against any action, claim or demand by the Customer's servants, employees or agents or their personal representatives or dependants arising out of the performance of these terms and conditions. 6. IMPLIED TERMS 6.1 Subject to subclause 2, any condition or warranty which would otherwise be implied in these terms and conditions is hereby excluded. 6.2 Where legislation implies in these terms and conditions any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty will be deemed to be included in these terms and conditions. However, the liability of Qantas/Everywhere Internet for any breach of such condition or warranty will be limited, at the option of Qantas/Everywhere Internet, to one or more of the following:       (a) if the breach relates to goods:       (i) the replacement of the goods or the supply of equivalent goods;       (ii) the repair of such goods;       (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or       (iv) the payment of the cost of having the goods repaired; and       (b) if the breach relates to services:       (i) the supplying of the services again; or       (ii) the payment of the cost of having the services supplied again. 7. GENERAL 7.1 A right may only be waived in writing, signed by the Party giving the waiver. 7.2 These terms and conditions will not be varied, except by agreement in writing signed by the Parties. 7.3 If any provision of these terms and conditions is held invalid, unenforceable or illegal for any reason, these terms and conditions will remain otherwise in full force apart from such provisions which will deemed deleted. 7.4 Any express statement of the right of Qantas/Everywhere Internet under these terms and conditions is without prejudice to any other right of Qantas/Everywhere Internet expressly stated in these terms and conditions or existing at law. 7.5 These terms and conditions is governed by the law in force in New South Wales and each Party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, and any court that may hear appeals from any of those courts, for any proceedings in connection with these terms and conditions, and waives any right it might have to claim that those courts are an inconvenient forum. 8. IN ROOM These special terms and conditions apply to the Service when it is provided 'In Room' meaning over an Ethernet connection: 8.1 Qantas/Everywhere Internet includes 15GB of data transfer, which is the total of uploads and downloads, per month (the 'Monthly Transfer Allowance') to the Customer as part of the Service. If the Customer exceeds the Monthly Transfer Allowance, Qantas/Everywhere Internet may, at its discretion and without notice to the Customer, disconnect the service for the remainder of the month. 8.2 Where plans less than one month are purchased the Monthly Transfer Allowance will be allocated pro-rata the percentage of a month purchased, unless specifically stated on the plan. 8.3 Where plans greater than one month are purchased the Plan Transfer Allowance shall be equal to the Monthly Transfer Allowance multiplied by the number of months in the plan (âthe plan periodâ). If the Customer exceeds the Plan Transfer Allowance, Qantas/Everywhere Internet may, at its discretion and without notice to the Customer, start using any subsequent months plans if available or, in the case no additional credit is available, disconnect the service for the remainder of the plan period. 8.4 When calculating the Monthly Transfer Allowance; 1GB (Gigabyte) is equal to 1000MB (Megabyte). 1MB is equal to 1000KB (Kilobyte) 9. WI FI Access These special terms and conditions apply to the Service when it is provided over a Wireless connection, meaning radio connections based on the I.E.E.E. 802,11 standard or other similar or substituted standards 9.1 Access points or enabled venues may not be available in all areas. The Services may entail different fees at different locations; some locations are not included in Qantas/Everywhere Internets's on-going subscription accounts or other flat-rate plans. Qantas/Everywhere Internet reserves the right to change prices and locations, and institute new fees at any time. You must contact Qantas/Everywhere Internet if you are unsure of the fees charged at a particular location where the Services are available. You are responsible for determining the fees prior to using the Services each time. 9.2 Upon registration, you will create a username and password. You are the only authorized user of your Qantas/Everywhere Internet account, unless expressly specified otherwise in your service plan, and your use of your account must comply with this Agreement. You should keep your password confidential so that no one else may access the Services through your account. Please notify Everywhere Internet immediately upon discovering any unauthorized use of your account. You agree not to use any automatic method to avoid disconnection due to inactivity; you may not maintain a connection unless actively using it. You also agree not to provide any public information services over a wireless LAN connection. Usernames and passwords are Qantas/Everywhere Internets property and Qantas/Everywhere Internet may alter or replace them at any time. 10. REFUND POLICY 10.1 It is Qantas/Everywhere Internet's general policy not to provide refunds but your statutory rights in this regard are not affected. 11. PRIVACY POLICY 11.1 Required Information - Qantas/Everywhere Internet collects certain information that is necessary to fully service your Qantas/Everywhere Internet account. As a customer, you will be asked to provide information that is needed in order to create your Everywhere Internet account and fulfill our service commitment to you such as your name, address, phone number, e-mails address and billing information. We treat this personal information that you provide to us as highly confidential. Everywhere Internet may use this personal information for editorial and feedback purposes, marketing and promotional purposes, for statistical analysis and for product development. Your personal information, however, will never be sold to any company nor will it be shared with third parties, unless specifically stated otherwise or in special circumstances. In instances where Qantas/Everywhere Internet and a partner jointly promote the Qantas/Everywhere Internet service, Everywhere Internet may provide that partner certain information, such as name and e-mail address, for the sole purpose of allowing Qantas/Everywhere Internet and the partner to evaluate the promotion. 11.2 Everywhere Internet may collect and/or track certain information that is derived from your usage of the Qantas/Everywhere Internet service such as usage patterns, travel patterns and Web site page views and traffic patterns. Qantas/Everywhere Internet may use this tracking information for statistical purposes to improve our products and services and to manage our networks and systems more efficiently. Qantas/Everywhere Internet also records the MAC (Media Access Controller) address from the network card in or used with your computer or other device to enable Qantas/Everywhere Internet to accurately perform our billing functions. 11.3 Use of Information - Qantas/Everywhere Internet will not divulge any of your personal information -- contact, financial, bill history -- to any other organization unless       (a) you give Qantas/Everywhere Internet explicit, and specific, prior permission;       (b) the disclosure is required by law or by legal process authorized by a court of competent jurisdiction;       (c) Qantas/Everywhere Internet suspects fraud by a customer involving Qantas/Everywhere Internet, in which case Qantas/Everywhere Internet may investigate and report any evidence, including personally identifiable information, to law enforcement officials and to the courts in the course of seeking remedies at law and equity; or       (d) you make an inquiry, request or complaint that requires follow-up and we share your information with others to satisfy your inquiry; Qantas/Everywhere Internet may contact customers or Web site visitors regarding account status and changes to this privacy policy and any other policies or agreements relevant to Web site visitors. Qantas/Everywhere Internet may use your information to disclose summary information to strategic and business partners. This is obtained by combining data from many individuals with the name and other identifiers removed. Qantas/Everywhere Internet also may create aggregate reports on user demographics and traffic patterns. This information may be used to negotiate with service providers who complement the Qantas/Everywhere Internet service or assist us in our efforts to expand our customer base. Qantas/Everywhere Internet opposes the e-mailing of any junk mail, and does not sell customer information to e-mail lists or telemarketers. If any of our partner sites engage in such practices, for any reason, Qantas/Everywhere Internet will immediately investigate, and if appropriate, discontinue services with such parties. If you receive junk e-mail that mentions Qantas/Everywhere Internet or its services, please send details to us at customerservice@everywhereinternet.com and we will investigate promptly. 11.4 Correcting and Updating Your Information - As an Qantas/Everywhere Internet customer, you are always fully in control of the information that we maintain to service you. You can change your personal information at any time and as often as necessary. You also can request that the data be deleted (requests for deletion of certain information may require closing the account). Information about a customer may be withheld or exempted from deletion if this is required by law, is part of a fraud investigation or is required for accounting and audit purposes. TERMS OF SERVICE AND USER AGREEMENT PLEASE READ THIS ENTIRE AGREEMENT AND INDICATE WHETHER YOU AGREE TO ITS TERMS. ACCESS TO PLAYSTATION™NETWORK (PSN), PLAYSTATION®MOBILE, THE PLAYSTATION™VIDEO SERVICE ("PLAYSTATION™VIDEO"), THE PLAYSTATION™NOW SERVICE ("PLAYSTATION™NOW"), THE PLAYSTATION™VUE SERVICE ("PLAYSTATION™VUE"), OTHER PRODUCTS AND SERVICES OFFERED THROUGH PSN AND THEIR ASSOCIATED STORES AND VIRTUAL COMMUNITIES (COLLECTIVELY, "FIRST PARTY SERVICES"), AND CERTAIN SERVICES PROVIDED BY OUR AFFILIATES OR OTHER ENTITIES THAT WE OWN OR CONTROL (COLLECTIVELY, THE "SONY GROUP OF COMPANIES", AND INDIVIDUALLY A "SONY GROUP COMPANY") OR UNAFFILIATED THIRD PARTIES (COLLECTIVELY, "THIRD PARTY SERVICES"). THE APPLICABLE TERMS OF THIS AGREEMENT APPLY TO THIRD PARTY SERVICES, AS WELL AS ALL ADDITIONAL TERMS AND CONDITIONS PROVIDED BY THE COMPANY OFFERING THE THIRD PARTY SERVICE. ACCESS TO PSN IS EXPRESSLY CONDITIONED UPON ACCEPTANCE OF THE TERMS OF THIS AGREEMENT AND CREATION OF AN ACCOUNT ("ACCOUNT"). IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL NOT BE ABLE TO REGISTER AN ACCOUNT AND WILL NOT BE ABLE TO ACCESS PSN. THIS AGREEMENT IS A LICENSE FOR LIMITED USE OF CONTENT AND SERVICES PROVIDED THROUGH PSN. IT IS A CONTRACT BETWEEN YOU AND SONY INTERACTIVE ENTERTAINMENT NETWORK AMERICA LLC ("SIENA") AND SONY INTERACTIVE ENTERTAINMENT AMERICA LLC AND CAN BE ACCEPTED ONLY BY AN ADULT OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH YOUR ACCOUNT IS REGISTERED. If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement and Privacy Policy. By clicking the "I AGREE" button yourself (or "ACCEPT"), you affirm that you have reached the legal age of majority and accept this Agreement. You also affirm that you accept this Agreement on behalf of, and all legal and financial responsibility and liability for the actions of, your child and you hereby expressly ratify and confirm any acts of your child and all users of your subordinate accounts ("Sub Accounts"). NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN "BINDING INDIVIDUAL ARBITRATION" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND SIENA, SONY INTERACTIVE ENTERTAINMENT INC., SONY INTERACTIVE ENTERTAINMENT AMERICA LLC, THEIR AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, "SONY ENTITIES"). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN "BINDING INDIVIDUAL ARBITRATION" SECTION. By accepting this Agreement, you agree to its terms and to abide by all PSN First Party Services policies. You agree that you will not directly or indirectly use PSN First Party Services (i) in any way for any commercial purpose, (ii) in any way that violates the law or the Community Code of Conduct, or (iii) in any way that harms or has the potential to harm SIENA, its affiliates, including its parent company, its subsidiaries, licensors, providers or partners or fellow PSN First Party Service users. You agree that you will not use any unauthorized hardware, including peripherals not sold, licensed or certified by a Sony company such as non-licensed game enhancement devices, controllers, adaptors and power supply devices (collectively, "Non-Licensed Peripherals") or unauthorized software to access or use PSN First Party Services or any content or service provided on or through PSN First Party Services. ACCOUNT REGISTRATION To access First Party Services, you must create an Account. You may view content on certain Authorized Devices depending on your country/area of residence and the First Party Services you are using. "Authorized Devices" means your Authorized Download Devices and your Authorized Streaming Devices as defined below in relation to First Party Services. "Authorized Download Devices" means activated PlayStation®3 computer entertainment systems, PSP® (PlayStation®Portable) systems, PlayStation®Vita systems, PlayStation®TV systems, 4K Ultra HD Media Player systems, select personal computers with Media Go software, select mobile telephones, select tablets and other authorized download devices in relation to First Party Services. "Authorized Streaming Devices" means activated select televisions, select Blu-ray® Disc players, PlayStation®4 computer entertainment systems, PlayStation®3 systems and other authorized devices in relation to First Party Services. Through PlayStation™Video, you may access content on Authorized Streaming Devices and Authorized Download Devices, if those systems are Authorized Devices for that content type. Through PlayStation®Mobile, you may access content on PlayStation Certified devices ("PS Mobile Devices"). Through PlayStation™Now, you may access content on activated PlayStation®4 systems, PlayStation®3 systems, PlayStation®Vita systems, and other select Authorized Streaming Devices ("PlayStation Now Devices"). Through PlayStation™Vue, you may access content on activated PlayStation®4 systems, PlayStation®3 systems and other select Authorized Streaming Devices ("PlayStation Vue Devices"). You may also be able to participate in the online PSN community (including chatting via voice and video with your friends) and play games online. PSN First Party Services may not be available, or may not be supported, in some countries and some languages. SIENA reserves the right to deny the creation of any account at its sole discretion. Currently, there is no charge to create an Account, but there may be charges associated with certain online content or services available through PSN First Party Services. All information provided during account registration must be truthful and accurate. SIENA reserves the right to cancel any Account that uses or that was created using untruthful or inaccurate information. There are two types of accounts: Master Accounts and Sub Accounts. All accounts have an associated mailbox for receiving electronic text mail. If you have reached the legal age of majority, you can create a Master Account for yourself. Where available, each Master Account can create up to six (6) associated Sub Accounts. You are not permitted to create Sub Accounts for adults or persons under the legal age of majority who are not your children or for whom you are not the legal guardian. Your children must be of a certain age in order to have a Sub Account. Sub Accounts may not be available in all countries. Deletion or termination of a Master Account may result in the deletion and termination of all associated Sub Accounts. A Master Account has access to and control over the following aspects of its Sub Accounts: (i) financial aspects; (ii) content availability and (iii) certain communication features. Text mail from SIENA that relates to a Sub Account's purchases will be sent to the mailbox of the associated Master Account. At its sole discretion, SIENA may send text mail to the Master Account relating to the Sub Account's other activities. The Master Account holder is jointly and severally legally and financially responsible for the actions of his or her Sub Account holders. Master Account holders select their own sign-in ID and password and select the sign-in ID and password for each associated Sub Account. Account holders may be required to select their own Online ID for PSN. After signing in to your Account through a compatible web browser, you may continue to be signed in for up to 60 days. You may also have access to select PSN related sites and select Third Party Services without having to sign in. This will only apply to the web browser that you used when you sign-in. All users should safeguard their sign-in ID and password to prevent use by any other user. If you sign-in to your Account on a device that may be shared with others, you should ensure that you sign-out from your account at the end of each session. If you do not sign-out, others may be able to access your Account and perform actions on your behalf without knowing your password. Certain information, which may include the Online ID, real name, profile photo, "About Me" statement, avatar pictures, country/area of residence, preferred language and recently played game titles, may be provided to all PSN First Party Service users, including children. SIENA has no liability for any unauthorized usage of any account. PARENTAL CONSENT AND PARENTAL CONTROLS Where Sub Accounts are available, a child under the legal age of majority can only have a Sub Account associated with a Master Account of the child's parent or legal guardian. If you are creating a Sub Account for a child, you must provide (i) your consent for SIENA, the Sony Group of Companies and select third parties to collect, use and disclose, pursuant to SIENA's Privacy Policy and the policies of third parties where applicable, your child's personally identifying information to third parties for the purpose of allowing your child to participate in PSN First Party Services; (ii) your consent to your child's communications with others through the PSN and Third Party Services as described in this Agreement and SIENA's Privacy Policy; and (iii) your credit card information if requested by SIENA for Sub Accounts for children under the age of 13 in the United States and Canada or under the specific age applicable to your country. Your credit card will be used to verify parental consent under laws requiring your consent. You will not be charged a fee for creating the Sub Account. If you do not consent to the collection and disclosure of your child's information as described in SIENA's Privacy Policy, you will not be able to create a Sub Account. If all requested information is provided, a separate email containing a code will be sent to the Master Account's email account with instructions to complete registration by entering the code into the Sub Account using a personal computer. You will need to create for your child an Online ID that will be associated with your child's Sub Account. Please note that a user's real name, profile photo and Online ID may be viewable by all PSN First Party Services users and, depending on a user's activities, the real name, profile photo and Online ID may be publicly available and viewable via the Internet by those outside the PSN First Party Services. For example, if a user submits a posting to an online blog related to the PSN First Party Services, that user's Online ID may be associated with the post in a manner that is publicly available. The Master Account may restrict the ability of a Sub Account to communicate with other PSN First Party Services users by setting the Restrict Chat option to "YES," which is the default setting. Please beware of limitations to the Restrict Chat option. With Restrict Chat set to "YES," your child still may receive text emails from PSN users, including adults, in your child's account mailbox in the PlayStation®3 system or via Group Messaging in the PlayStation®Vita system. The parent's Master Account will not be notified of text emails sent to a child's Sub Account mailbox. In addition, the Restrict Chat option may not apply to certain types of interactive features in game content that may be used to facilitate user communication. The Master Account may restrict a Sub Account from posting User Generated Media Content your child has created or viewing material posted by other users by setting the Restrict User Generated Media option to "YES". "User Generated Media Content" means content created by users that may include photos, videos, music, drawings and other content created or imported by users in games, apps and system software features. This will not prevent posting or viewing User Generated Media Content through chat or messaging (which is controlled by the Restrict Chat option stated above). As the parent or legal guardian, you are responsible for monitoring your child's access to or use of PSN First Party Services, as well as any communications made or received by your child on or through PSN First Party Services. The Master Account may restrict a Sub Account's access to game and video content if the content is rated by using the Restrict Content setting. Some content may be objectionable to or inappropriate for some users, including children under a certain age, which may vary from country to country. Please consider your child's age and check any content ratings and descriptions where available, before you access, download or purchase access to any items or permit your child to do so. In some cases, third parties provide ratings or descriptions for items, and SIENA cannot guarantee the accuracy or completeness of such information. Not all content is rated. Some content that you access on your PlayStation®4 systems, PlayStation®3 system, PSP® system, PlayStation®Vita system, other Authorized Device, other PlayStation™Now Device may be accessible by all users of that system or device. Please monitor all access to content that may be objectionable or age inappropriate. Parental controls implemented through these devices may not apply to certain types of content that may be used to facilitate user communication, certain categories of downloadable content or certain categories of streamed material. Parental controls may also not apply to content that is not rated. Your child may not be able to access some content or play games rated for users older than his or her registered age. In some countries, parents and legal guardians with Master Accounts will be permitted to set their parental controls to override restrictions on certain materials for associated Sub Accounts. Please see the following websites for more information:http://playstation.com/, http:// playstationnetwork.com/ and http://account.sonyentertainmentnetwork.com/. PSN COMMUNITY CODE OF CONDUCT You must adhere to the following rules of conduct, and also follow a reasonable, common-sense code of conduct. Users are required to take into consideration community standards and refrain from abusive or deceptive conduct, cheating, hacking, or other misuse of PSN. Rights of other users should be respected. The actions that are prohibited include the following: You may not manipulate or inflate usage of PSN You may not engage in deceptive or misleading practices. You may not abuse or harass others, including stalking behavior. You may not take any action, or upload, post, stream, or otherwise transmit any content, language, images or sounds in any forum, communication, public profile, or other publicly viewable areas or in the creation of any Online ID that SIENA or its affiliates, in their sole discretion, find offensive, hateful, or vulgar. This includes any content or communication that SIENA or its affiliates deem racially, ethnically, religiously or sexually offensive, libelous, defaming, threatening, bullying or stalking. You may not organize hate groups. You may not upload, post, stream, or otherwise transmit any content that contains any viruses, worms, spyware, time bombs, or other computer programs that may damage, interfere with, or disrupt PSN. You may not use, make, or distribute unauthorized software or hardware, including Non-Licensed Peripherals and cheat code software or devices that circumvent any security features or limitations included on any software or devices, in conjunction with PSN, or take or use any data from PSN to design, develop or update such unauthorized software or hardware. You may not modify or attempt to modify the online client, disc, save file, server, client-server communication, or other parts of any game title, or content. You may not cause disruption to or modify or damage any account, system, hardware, software, or network connected to or provided by PSN for any reason, including for the purpose of gaining an unfair advantage in a game. You may not attempt to hack or reverse engineer any code or equipment in connection with PSN. You may not take any action that SIENA or its affiliates consider to be disruptive to the normal flow of chat or gameplay, including uploading, posting, streaming, or otherwise transmitting any unsolicited or unauthorized material, including junk mail, spam, excessive mail or chain letters. You may not introduce content that is commercial in nature such as advertisements, solicitations, promotions and links to web sites. You may not introduce content that could be harmful to SIENA or its affiliates or their licensors, or players, such as any code or virus that may damage, alter or change any property or interfere with the use of property or PSN. You may not upload, post, stream, access, or otherwise transmit any content that you know or should have known to be infringing, or that violates, any third party rights, any law or regulation, or contractual or fiduciary obligations. You may not impersonate any person, including an SIENA or third party employee. You may not provide SIENA or any third party company with false or inaccurate information, including reporting false complaints to our or our affiliates' consumer services or providing false or inaccurate information during account registration. You may not sell, buy, trade, or otherwise transfer your Online ID, Account or any personal access to PSN through any means or method, including by use of web sites. You may not conduct any activities that violate any local, state or federal laws, including copyright or trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud, stealing or using without purchasing, where payment is required, any content or service and distributing counterfeit software or Accounts. Unless otherwise required by law, SIENA is not responsible for monitoring or recording any activity on PSN, including communications, although SIENA reserves the right to do so and you hereby give SIENA your express consent to monitor and record your and your Sub Account's activities and communications. SIENA reserves the right to remove any content and communication from PSN First Party Services at SIENA's sole discretion without notice and to terminate any account through which violations of the Community Code of Conduct occur. SIENA may also take steps on behalf of its device platform partners to disable permanently or temporarily any device on which you receive PSN First Party Services and through use of which you violate the Community Code of Conduct. SIENA may use any data it collects, including the content of your communications, the time and location of your activities, your Online ID and IP address and any other collectable data, to enforce this Agreement or protect the interests of SIENA, its affiliates, PSN First Party Service users or SIENA's or its affiliates' licensors. Such information may be disclosed to appropriate authorities or agencies. Any other use is subject to the terms of SIENA's Privacy Policy. SIENA has no liability for any violation of this Agreement by you or by any other PSN First Party Service user. We and third parties may provide functionality allowing you to share your information, including your name, Online ID, profile, pictures, friends list, activities, gameplay and information on your purchases and content viewed, and to recommend your favorite content or services to your friends via the PSN First Party Services and select Third Party Services. Only share your information and send recommendations to friends who you know want to receive them and whose age is appropriate for the content or services you are recommending. If you are sharing the personal information of others, you may only do so with their consent. If you receive unwanted messages, ask the sender to stop. If they do not, you can add that person to your block list. See your system manual for more information. ACCESS TO CONTENT All content and services are provided to you by SIENA, including content created or published by third parties. Third parties may administer access to some content or services, including delivery, gameplay, community management or customer service. To enable third parties to provide such access to you, SIENA must provide them with your personal information. If you do not consent to allow us to share your personal information with third parties for the purpose of providing you with access to PSN First Party Services content, you will not be able to participate in any PSN First Party Services. In order to access certain content, you may be required to accept additional content-specific usage terms and conditions of SIENA or third party companies ("Usage Terms"). In the event of any conflict between this Agreement and the Usage Terms or any other terms and conditions in connection with PSN First Party Services or any disc-based product used with PSN First Party Services, this Agreement will control. Your PlayStation®4 system, PlayStation®3 system, PlayStation®Vita system or other Authorized Device may be set to download content automatically from PSN First Party Services without notice to you if you sign into PSN First Party Services. This content may include featured content that we believe will be of interest to you such as game demos or content offered to you on a trial basis. Content delivered in this manner is subject to this Agreement's terms. You can change your device settings so that it does not download content automatically by setting the automatic download option to "OFF". WALLET All access to content may only be purchased from SIENA using funds from a wallet associated with your account. Your wallet will be used to purchase content, licenses or services offered through PSN. All transactions made by the Sub Account or the Master Account must be made through the Master Account's wallet. A Sub Account does not have a separate wallet. Master Accounts can set a maximum spending amount for each Sub Account, effective at the beginning of the following month. A Master Account holder can fund the wallet up to a maximum amount determined by SIENA ("Limit"), using either (i) a credit or debit card; (ii) a prepaid card or promotional code with a specified value where available; or (iii) other payment methods approved by SIENA and made available from time to time in each specific country. SIENA HAS NO OBLIGATION TO REVERSE OR REFUND UNAUTHORIZED CHARGES MADE USING ANY AVAILABLE PAYMENT METHOD. EXCEPT AS OTHERWISE PERMITTED BY APPLICABLE LAW OR AS EXPRESSLY PROVIDED IN THIS AGREEMENT, FUNDS ADDED TO THE WALLET ARE NON-REFUNDABLE AND NON-TRANSFERABLE. Wallet funds have no value outside PSN and can only be used to purchase access to content from SIENA through First Party Services and certain limited Third Party Services. Subject to applicable law, wallet funds that are deemed abandoned or unused by law will not be returned or restored. PREPAID CARDS AND PRODUCT CODES SIENA or its affiliates may provide prepaid cards that allow users to redeem content on PSN First Party Services or fund the wallet. The value of a prepaid card contributes to the Limit. If you acquire a prepaid card that has a value that, when added to the wallet's existing balance, exceeds the Limit, you will not be able to apply the value of the prepaid card to the wallet until sufficient funds have been spent from the wallet to allow the sum of the full value of the prepaid card and wallet to be equal to or less than the Limit. Except as permitted by SIENA, the Master Account wallet will only accept prepaid cards with currency value from the same country as the one designated for the Master Account. SIENA, its affiliates or third parties may provide product codes which can be used to access content, including promotional content. Product codes may not be available in all countries or to all users, and age restrictions may apply. Some product codes must be used before a specified expiration date and in accordance with specified terms and conditions. Unless otherwise stated, product codes may be used once only by the recipient and may not be transferred or sold to any other person. SIENA is not responsible or liable for any claims arising as a result of prepaid cards or product codes, including any problems or defects in connection with prepaid cards or product codes. Your use of the prepaid card is subject to this Agreement's terms. Additional terms and conditions may accompany the prepaid card or the product code. TRANSACTIONS All transactions made through your Master Account or an associated Sub Account are solely between you and SIENA. By completing a transaction through your Master Account or allowing a transaction to take place through an associated Sub Account, you are (i) agreeing to pay for all transactions made by the Master Account and its associated Sub Accounts, including recurring charges for subscriptions that are not cancelled; (ii) authorizing SIENA to deduct from the wallet and charge your credit card or other applicable payment instrument or payment mechanism all applicable fees due and payable for all transactions made by the Master Account and its associated Sub Accounts; and (iii) agreeing to any applicable Usage Terms and the terms and conditions associated with use of the particular content or service. To the extent permitted by applicable law, all transactions are final upon their completion and may be deemed to be governed by law and regulatory requirements applicable at the time the transaction was completed. You may have the option to order a license for certain content, including bundles of content such as seasons of television series, from the PSN First Party Services in advance of the time come or all of the content is first released for license via the PSN First Party Services. To the extent permitted by applicable law, we reserve the right to deduct funds from your wallet for any such pre-order or bundle order at the time of your request, but some or all of the content may not be available until it is released for license via the PSN First Party Services. You acknowledge and agree that content included in bundles is subject to change with or without notice, subject to applicable laws. YOU MAY NOT CANCEL A PRE-ORDER OR AN ORDER FOR A CONTENT BUNDLE AT ANY TIME AND REFUNDS ARE NOT AVAILABLE FOR PRE-ORDERS OR FOR CONTENT BUNDLES, SUBJECT TO APPLICABLE LAWS. Access to content is not transferable except as expressly allowed under applicable terms of service. Prior to completing a transaction, you are encouraged to review the description of the content or service you are licensing and the content itself, where available. On some devices, you may have the option to select a password or PIN to protect your credit card information at the time you complete a transaction. After selecting this option, you must enter your password or PIN to complete any future transactions with your credit card. Users should enable this function and safeguard their password or PIN to prevent others who may use the same device from being able to make purchases or access your credit card information. SIENA reserves the right to deduct from the wallet any fee, penalty or other charge resulting from a Master Account holder's request to the Master Account holder's credit card company or other payment processor to reverse charges relating to a transaction. SIENA reserves the right to deduct from the wallet all bank fees related to transactions made by the Master Account and its associated Sub Accounts, including domestic and international transaction fees. SIENA reserves the right to terminate the Master Account and all Sub Accounts associated with the Master Account for failure to complete transaction payments. In lieu of termination of the Master Account, SIENA may elect to provide a mechanism by which a Master Account may fund the wallet to prevent the Master Account and its associated Sub Accounts from being terminated. SIENA reserves the right to change or withdraw features, specifications, prices, services and content at any time, without notice to you. SIENA DOES NOT PROVIDE ANY REFUNDS IN THE EVENT OF A PRICE DROP, A SUBSEQUENT PROMOTIONAL OFFERING OR PRODUCT REMOVAL, AND THE FEE APPLICABLE TO YOUR TRANSACTION WILL BE THE FEE THAT WAS IN EFFECT AT THE TIME OF THE TRANSACTION. Special product, prices and promotions are no longer valid once they are changed or removed. Prices listed do not include sales tax. Applicable sales tax will be calculated and added at the time you complete a transaction. In certain jurisdictions, local laws require that prices include all applicable taxes, in which case this will be indicated at the time of the transaction. To the extent permitted by applicable law, all transactions are subject to the laws of the State of California, County of San Mateo. You may be able to make transactions only with a designated Sony regional company which is determined by your country/area of residence. Your country/area of residence may be verified by your credit or debit card number and may be rejected if the information does not match. If you are a Master Account holder, you will receive an email summary for each transaction after it is made, if you have given us a valid, current, operational email address. Please print and retain these emails for your records. You can view your transaction history in the account management area. Errors in listed prices, product descriptions, and associated terms and conditions may occur. If we discover an error in the price of items you have ordered, we will contact you. You will have the option of either reconfirming your order at the correct price or canceling it. If we are unable to contact you, your order will be cancelled. Upon SIENA's confirmation of your transaction, you may access the item you ordered through your Account that you used to order the item, until such time as SIENA removes the item or your license to access or use the item expires. We encourage you to download or access the item immediately after completing your transaction. You bear all risk of loss for accessing the content, including completing the download of any content, maintaining a continuous Internet connection with sufficient speed, ensuring that you have the necessary capabilities to view the content, including content provided in 4K ultra high definition ("4K UHD"), three dimension ("3D") or high definition format, and for any loss of content you have downloaded, including any loss due to a file corruption or hard drive crash. You are solely responsible if you do not choose to download or access the content before it is removed or your license expires, and for ongoing storage and safekeeping of the content. SIENA is not obligated to provide you with replacement copies for any reason. If you do not have sufficient funds in your wallet to complete a transaction and you have previously entered your credit card information or another payment instrument or payment mechanism, we may automatically charge your credit card or the other applicable payment instrument or payment mechanism a minimum amount determined by SIENA ("Minimum Fee") to complete the transaction, even if the Minimum Fee exceeds the total amount of your order. Any difference between the Minimum Fee and the total amount of your order will be credited to your wallet. Additional procedures apply to subscription purchases. Please read "SUBSCRIPTIONS & FREE TRIALS" Section of this Agreement for details. PAYMENTS FOR ACCESS TO CONTENT OR SERVICES ARE NOT REFUNDABLE, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. LICENSE RESTRICTIONS AND CONDITIONS Except as stated in this Agreement, all content and software provided through PSN First Party Services are licensed non-exclusively and revocably to you, your children and children for whom you are a legal guardian (collectively for purposes of this section, "You" or "Your"), solely for Your personal, private, non-transferable, non-commercial, limited use on a limited number of Authorized Devices in the country in which your account is registered. All intellectual property rights subsisting in PSN First Party Services, including all software, data, and content subsisting in or used in connection with PSN First Party Services, the Online ID and access to content and hardware used in connection with PSN First Party Services (collectively defined as "Property"), belong to SIENA and its licensors. This license and all use or access to Property is expressly conditioned on your compliance with this Agreement's terms, other applicable agreements, if any, and all applicable copyright and intellectual property rights laws. Your compliance with all of the following are express conditions of Your license to use or access the Property. You may not sell, rent, lease, loan, sublicense, modify, adapt, arrange, translate, reverse engineer, decompile, or disassemble any portion of the Property. Except as stated in this Agreement or as SIENA expressly permits by SIENA, you may not reproduce or transfer any portion of the Property. You may not create any derivative works, attempt to create the source code from the object code, or download or use any Property for any purpose other than as expressly permitted. You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in connection with PSN First Party Services, Authorized Devices, or any of the content or services offered through PSN First Party Services. You may use the Property only on Authorized Devices. You acknowledge that PSN First Party Services and content or services provided through PSN First Party Services may contain security or technical features that will prevent use of such content or services in violation of this Agreement. Property is not licensed to you for resale, public performance, display, distribution or broadcast. Except as this Agreement expressly grants, SIENA and its licensors reserve all rights, interests, and remedies in connection with PSN First Party Services and the Property. Upon termination of this Agreement, Your Account, or license to any Property, You will immediately cease use of the Property and delete or destroy copies of the Property. Additional terms and conditions, including use restrictions or requirements, may apply to a particular item. Use or license terms may vary depending on the item. Please read carefully all specific terms of use for a particular item or service before ordering. The restrictions to which a particular item or service is subject are in the sole discretion of SIENA or its licensors and are subject to change at any time. Use of the terms "own," "ownership", "purchase," "sale," "sold," "sell," "rent" or "buy" on or in connection with PSN First Party Services shall not mean or imply any transfer of ownership of any content, data or software or any intellectual property rights therein from SIENA or its licensors to any user or third party. All other company, product, and service names and logos referenced on PSN First Party Services are the marks, trade names, trademarks/service marks, and registered trademarks/ service marks ("Marks") of their respective owners. You may not use or reproduce any Marks without the owner's express written consent. You may not remove any proprietary notices or labels from any content. VIDEO CONTENT You may use your Account to order video content. Subject to this Agreement's terms and any additional applicable terms and conditions that are made available to you, SIENA licenses digital content, including recordings or live streams of sport, music concerts and other entertainment events ("Live Events"), television shows and movies (which together comprise "Video Content") to account holders in select territories for your personal, private, non-commercial viewing in your authorized territory, using a limited number of Authorized Devices during the authorized viewing period ("Authorized Term"). Video Content may be made available to you as a live or near-live stream ("Live Stream Content"), as a licensed copy for rental for a limited duration ("Licensed Rental Content"), a licensed copy for an indefinite duration ("Other Licensed Content") or as a licensed stream supported by advertising or promotional materials, which may be viewed for no upfront fee on an unlimited basis which may be for a limited duration ("Ad Supported Content"). Video Content may be offered on a subscription and on a single transaction basis. Use of Video Content is subject to certain digital rights management rules and this Agreement's terms. Except for rights explicitly granted to you, all rights in the Video Content are reserved by SIENA and its licensors. Live Stream Content: Live Stream Content comprises live or near-live transmissions of Live Events and can be viewed at the time of, and simultaneously with the occurrence of the Live Events themselves. Live Stream Content may be available for an extended period ("Event Viewing Term") past the occurrence of the applicable Live Event. The Event Viewing Term and any applicable Usage Terms for Live Stream Content will be displayed to you prior to finalizing your purchase. You may select the Authorized Device on which you want to view your Live Stream Content, and you may be able to view it on only one Authorized Device at a time. You may access Live Stream Content at any point during the Live Event provided that you may be unable to view any part of the Live Stream Content which occurred prior to the start of your viewing. You acknowledge and agree that SIENA has no control over: (i) the start and finish time of a Live Event; (ii) the duration of a Live Event; or (iii) the content of a Live Event (including the quality or suitability of such content). The start times, duration and descriptions of Live Stream Content provided to you by SIENA are approximate only and may be subject to change. You acknowledge and agree that certain streams and recordings of Live Events are hosted and delivered to you by SIENA's third party licensors, providers or partners ("Live Event Partners"). While SIENA endeavors to collaborate with reputable and professional Live Event Partners, SIENA cannot guarantee that such streams and recordings will comply with applicable laws, be suitable or appropriate for a particular age group, or be delivered uninterrupted, error-free and without fault or delay. Your access to streams and recordings of Live Events may also be subject to, and you agree to comply with, the terms and conditions of Live Event Partners, which shall be made available by such Live Event Partner. Ad Supported Content: Ad Supported Content comprises Video Content which contains or is displayed with advertising, marketing or other promotional materials (together, the "Promotional Materials") and which may be accessed through PlayStation™Video or PlayStation™Vue by way of streaming only. Promotional Materials may be displayed in or around the Ad Supported Content by any means selected by SIENA or its Ad Supported Content Partners (defined below) from time to time in their sole discretion. By accessing a stream of Ad Supported Content you acknowledge and agree that such stream may include, comprise or be displayed with Promotional Materials which may delay or interrupt the playback of the Video Content. You agree that SIENA may prevent you from skipping or otherwise manipulating the display of Promotional Materials, and, if so, you agree not to attempt to access Ad Supported Content in any manner not prescribed by SIENA. SIENA does not endorse any third party advertisement or promotional material (including the Promotional Materials) associated with Ad Supported Content in any manner and gives no warranty or other assurance in relation to any products or services featured in such advertisements and promotional materials. Ad Supported Content may be played back by way of online streaming (and may be accessible unlimited number of times) unless and until it is removed from PlayStation™Video or PlayStation™Vue by SIENA. Ad Supported Content may be streamed for playback through your Authorized Devices provided that the Ad Supported Content may be limited such that it is accessible by only one Authorized Device, at any one time. You acknowledge and agree that certain Ad Supported Content may be hosted or delivered to you by or through SIENA's third party licensors, providers or partners ("Ad Supported Content Partners"). While SIENA endeavors to collaborate with reputable and professional Ad Supported Content Partners, except to the extent required by applicable laws, SIENA cannot guarantee that such content (including all associated Promotional Materials, corresponding meta-data, artwork and other peripheral materials) will be complete and accurate, comply with applicable laws, correspond to its description, be suitable or appropriate for a particular age group, or be delivered uninterrupted, error-free and without fault or delay. Your access to Ad Supported Content (and streams of such content) may also be subject to, and you agree to comply with, the terms and conditions of Ad Supported Content Partners, which shall be made available by such Ad Supported Content Partner. In consideration for the display and delivery of associated Promotional Material, Ad Supported Content will be delivered to you for no upfront fee or other sum being charged and the value of your wallet will not be reduced as a result of your access to such content in accordance with this Agreement. SIENA reserves the right to withdraw Ad Supported Content from PlayStation™Video or PlayStation™Vue at any time without notice to you. Licensed Rental Content (excluding Licensed Rental Content in 4K UHD): Licensed Rental Content will have a time period during which you can begin playback post purchase ("Rental Term"). Once you begin playback of your Licensed Rental Content, that content is viewable for up to 24 hours or such other period notified to you prior to finalizing your rental payment ("Rental Viewing Period"). The Rental Term and any applicable Usage Terms for each Licensed Rental Content item will be displayed to you prior to finalizing your rental payment. After the applicable Rental Viewing Period or Rental Term ends, whichever occurs first, you will not be able to view the Licensed Rental Content unless you obtain an additional license for that content. You may select the Authorized Device on which you want to view your Licensed Rental Content, but you may view it on only one Authorized Device at a time and in some cases on a limited number of Authorized Devices. You may view the content from any one of your Authorized Devices, except that in some cases if the Licensed Rental Content is in high definition or 3D format, it may not be viewable on some Authorized Devices. If the Licensed Rental Content is in 3D format, it may be viewed on one PlayStation®3 system that is an Authorized Device. Licensed Rental Content may not be transferred between an Authorized Download Device and an Authorized Streaming Device. Because some devices may be both an Authorized Download Device and an Authorized Streaming Device, you may, in certain cases, be able to initiate a stream of Licensed Rental Content on one such device and subsequently download that Licensed Rental Content to that same device. However, if you download or begin to download Licensed Rental Content to a device that is an Authorized Download Device, you may not subsequently stream that Licensed Rental Content. For Licensed Rental Content in 3D, high definition and standard definition format, the Rental Viewing Period begins when you begin to stream the Licensed Rental Content or begin playback of a downloaded version of that content, whichever you do first. For Licensed Rental Content in 4K UHD format, the 4K Rental Viewing Period begins immediately after you confirm your rental payment. Once playback of Licensed Rental Content in high definition or standard definition format has started on an Authorized Streaming Device, you may not be able to view that content using any other Authorized Device without a separate license payment. If you start playback of a downloaded version of Licensed Rental Content in high definition or standard definition format on an Authorized Download Device, the account that ordered the Licensed Rental Content may, during the Authorized Term, be able to transfer that content to a limited number of Authorized Download Devices, as described below. Licensed Rental Content in standard definition format downloaded onto an Authorized Download Device may be transferred to up to a total of six additional Authorized Download Devices with the exception of 4K Ultra HD Media Player systems. Downloaded Licensed Rental Content in standard definition format may be transferred between select personal computers with Media Go Software and PSP® handheld entertainment systems, select mobile telephones, and select tablets. Downloaded Licensed Rental Content in standard definition format may also be transferred between a PlayStation®3 system and PSP handheld entertainment systems, PlayStation®Vita handheld entertainment systems, and PlayStation®TV entertainment systems. Following such transfer, the Licensed Rental Content will no longer be available on the sending Authorized Download Device. Licensed Rental Content in 4K UHD: Licensed Rental Content in 4K UHD format is viewable for 24 hours (or such other period displayed to you prior to finalizing your rental payment) starting immediately after finalizing your rental payment. Licensed Rental Content in 4K UHD format may be downloaded solely to one 4K Ultra HD Media Player system and can only be viewed on a connected device that is capable of displaying such content and you are prohibited from viewing or transferring that content on any other Authorized Device, including other 4K Ultra HD Player systems, without a separate license payment. Other Licensed Content: Other Licensed Content may be downloaded to Authorized Download Devices and may also be streamed to Authorized Streaming Devices, subject to the terms of this Agreement. For Other Licensed Content that is downloaded, you may view such content for an unlimited number of times on Authorized Download Devices only. For Other Licensed Content that is streamed, you may be prohibited from streaming multiple titles of Other Licensed Content or multiple streams of a single title of Other Licensed Content from your Account at any one time. SIENA RESERVES THE RIGHT TO LIMIT OR REMOVE THE AVAILABILITY TO STREAM OR RE-DOWNLOAD OTHER LICENSED CONTENT AT ANY GIVEN TIME WITHOUT NOTICE TO YOU. After ordering Other Licensed Content, we encourage you to immediately download such content, where supported, on all Authorized Download Devices on which you may want to later view such content. You may have the option, as available, to order, free of charge, high definition and/or standard definition versions of Other Licensed Content ordered in 4K UHD format, and such standard definition and/or high definition versions of Other Licensed Content will be subject to the terms of this Agreement. SIENA reserves the right to withdraw such option at any time without notice to you. Other Licensed Content in standard definition format downloaded onto an Authorized Download Device may be copied to up to a total of six additional Authorized Download Devices with the exception of 4K Ultra HD Media Player systems. Downloaded Other Licensed Content in standard definition format may be copied between select personal computers with Media Go Software and PSP® handheld entertainment systems, select mobile telephones, and select tablets. Downloaded Other Licensed Content in standard definition format may be copied between a PlayStation®3 system and PSP® handheld entertainment systems, PlayStation®Vita handheld entertainment systems, and PlayStation®TV entertainment systems. Other Licensed Content in 3D or high definition format may be downloaded and viewed on only one PlayStation®3 system, and may not be transferred. Other Licensed Content in 4K UHD format may be downloaded to up to three 4K Ultra HD Media Player systems that are Authorized Devices and may only be viewed on a connected device capable of displaying 4K UHD content. You may have the option to order Video Content in 4K UHD, 3D, high definition and standard definition format. You acknowledge that delivery of content is dependent on variables not under SIENA's control, including the speed and availability of your broadband or network connection. You may experience delays or technical difficulties caused by or related to such variables. If you have ordered Video Content and view it using an Authorized Streaming Device, you may not be able to view content in the format that you have ordered due to such variables. TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR ANY CONTENT THAT YOU ARE NOT ABLE TO VIEW OR HAVE DIFFICULTY VIEWING DUE TO SUCH VARIABLES. We strongly encourage you to order content suitable for your viewing capabilities. You bear all responsibility for ensuring that you have the viewing capabilities to view content in the appropriate format or at all. Proper activation of an Authorized Device by the account that ordered the Video Content is required for all downloads, transfers, copies and viewings. Video Content is connected to the account used to order that content. Each account can activate no more than the maximum number of Authorized Devices, excluding 4K Ultra HD Media Players, regardless of the number of copies of Video Content ordered. Video Content may not be transferred from one account to another. You may not exceed the total number of accounts on any Authorized Device. Please refer to http://playstation.com/ and http://playstationnetwork.com/ for more information on the total number of permitted Accounts. SIENA reserves the right to limit the number of times an Authorized Device may be activated or deactivated. Downloading or streaming is not permitted outside the Authorized Term. In addition, once Video Content has been downloaded or accessed, you may not be able to download it again without an additional license. Some content such as movie trailers may not be representative of the actual feature presentation. Digitalized versions of some content may not be identical with the original formatted content or previously released versions of the same titled content. Video output in certain formats may require additional equipment, sold separately. PLAYSTATION®MOBILE CONTENT Subject to this Agreement's terms and any additional terms for particular content, SIENA licenses content through PlayStation®Mobile for your personal, private, non-commercial use in the United States on PlayStation-Certified devices. License payments for PlayStation®Mobile content are made through the PSN Wallet. Additional software for licensing, using or managing PlayStation®Mobile content may be required depending on the Authorized Device you use. Except for rights explicitly granted here, all rights in PlayStation®Mobile content are reserved by SIENA and its licensors. Some PlayStation®Mobile content may not be identical to the original formatted content or versions of other same-titled content. PLAYSTATION™NOW CONTENT Subject to this Agreement's terms and any additional terms for the particular content, SIENA offers interactive entertainment and gaming content through PlayStation™Now ("PlayStation Now Content") to account holders in select territories for your personal, private, non-commercial use on PlayStation™Now Devices. PlayStation Now Content may be offered in different forms, such as on a subscription and on a single transaction basis. License payments for PlayStation Now Content are made through the wallet. Additional software for licensing, using or managing PlayStation Now Content may be required depending on the Authorized Streaming Device you use. PlayStation Now Content available for use and the features available on PlayStation™Now are subject to change and revision at any time. Certain PlayStation Now Content and features made available to you are based on the IP address used by the PlayStation™Now Device at the time you access the service. If you choose to use certain features of PlayStation™Now, additional terms and limitations may apply. PlayStation Now Content offered on a single transaction basis is licensed for a limited time during which you will need to begin access and play ("Play Period"). The Play Period for PlayStation Now Content will be made available to you prior to finalizing your payment. Once you finalize payment, that PlayStation Now Content is made available to you as a licensed copy for rental only for period that you purchased ("Rental Period"). After the applicable Play Period or Rental Period ends, whichever occurs first, you will not be able to access or use that PlayStation Now Content unless you obtain an additional license for that PlayStation Now Content. You acknowledge that delivery and use of PlayStation Now Content, including during the entire Rental Period, is dependent on variables not under SIENA's control, including the speed and availability of your broadband connection, your geographic location, and the availability of PS Now servers. You may experience delays or technical difficulties caused by or related to these variables. The use of PlayStation Now Content may be interrupted if you do not register, provide certain information about your PlayStation™Now Device or your PlayStation™Now Device does not remain continuously connected online to the Internet. Some of PlayStation™Now's features may require you to install and operate applications on your PlayStation™Now Device. Failure to properly install and operate these applications will prevent you from using those features of PlayStation™Now that rely upon these applications. SIENA cannot guarantee that streams of PlayStation Now Content will be delivered uninterrupted, error-free and without fault or delay. TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR ANY PLAYSTATION NOW CONTENT THAT YOU ARE NOT ABLE TO USE OR HAVE DIFFICULTY USING DUE TO THESE VARIABLES AND CONDITIONS. PlayStation Now Content may only be used on one PlayStation™Now Device at a time and in some cases on a limited number of PlayStation™Now Devices. PlayStation™Now seeks to detect which PlayStation™Now Device is receiving PlayStation Now Content and some of your PlayStation™Now Devices may not stream or may have a stream terminated if you are using content on another one of your PlayStation™Now Devices. No ownership rights in PlayStation Now Content are transferred or assigned to you and all ownership rights in PlayStation Now Content are retained by the owners of those rights. Except for rights explicitly granted here, all rights in PlayStation Now Content are reserved by SIENA and its licensors. Some PlayStation Now Content may not provide the same features or be identical to the original formatted content or versions of other same-titled content. SUBSCRIPTIONS & FREE TRIALS SUBSCRIPTIONS SIENA may offer you the opportunity to purchase, order or download subscriptions that provide access to particular products or services for a specified period of time. Subscriptions renew automatically unless you cancel the subscription. The cost of each subscription will automatically be deducted from your wallet at the beginning of each subscription term without further notice to you. Subscriptions are available to Master Accounts and may be available to Sub Accounts for purchase, order or download, provided that the Master Account accepts the terms and conditions of the subscription for an associated Sub Account. Subscriptions may not be shared among any Accounts, including the Master Account with its associated Sub Accounts. However, some game content and features that are made available for certain subscriptions may be accessible by other users of the home Authorized Device of a subscriber or an Authorized Device where a subscriber is logged in. Some subscriptions may be single-product- or service-specific, while other subscriptions may be comprised of several content items, services or features, which may include special offers, discounted, free, paid-for, exclusive or early access content or automatic download of selected content. Individual content items and service within a composite subscription may also be offered for sale separately as a one-time order or single-product-specific subscription. Subscription charges may be increased at the end of each subscription term. As each product offering will have terms and conditions that vary, please review each product description, cost and subscription term carefully before order, payment or download. As with all orders, please print and retain a copy of your email order receipt for your reference. If you do not have sufficient funds in your wallet to cover the cost of your subscription at the time the subscription is renewed, the subscription will be cancelled unless the automatic funding feature on the Master Account is set to "ON." If the automatic funding feature on the Master Account is set to "ON," your credit card or other applicable payment instrument or mechanism may be charged automatically the greater of the subscription cost or the Minimum Fee. Every time you or one of your associated Sub Accounts purchases, orders or downloads a new subscription, the automatic funding feature in the Master Account is set automatically to "ON." The Master Account holder may change this setting to "OFF" at any time. However, the setting will return to "ON" upon subsequent purchase, order or download of any subscription, so setting your automatic funding feature to "OFF" may not effectively cancel your subscription. In order to stop receiving a subscription and avoid being charged, you must cancel your subscription in the Account Management area. If you no longer wish to receive your subscription, you must cancel your subscription by using account management or contacting customer service at www.playstationnetwork.com/support or the address located at the end of this Agreement. Cancellation will take effect at the beginning of the next subscription term. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, UPON CANCELLATION OF YOUR SUBSCRIPTION OR TERMINATION OF THE MASTER ACCOUNT OR SUB ACCOUNT, YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR ANY SUBSCRIPTIONS FOR WHICH YOU HAVE PAID. Further, you will not be able to access content or services provided in your subscription except as permitted by SIENA. Content that you downloaded onto a device and that was provided to you through a subscription at no additional cost beyond the subscription price may not be accessible. Game play information, including trophies earned during a trial offer, promotional period or subscription term may not be available. FREE TRIALS SIENA may also offer a free trial period with some subscriptions. Subject to the terms and conditions of the free trial offer, if you do not cancel your subscription before expiration of a trial period, your wallet may automatically be charged the cost of the subscription at the beginning of each subscription term without further notice to you. To avoid being charged, you must cancel your subscription prior to expiration. Please review all terms and conditions carefully before you accept any offer or promotion. MAINTENANCE AND UPGRADES From time to time, it may become necessary to provide certain content to you to ensure that PSN First Party Services and content offered through PSN First Party Services, your PlayStation®4 system, PlayStation®3 system, the PSP® system, PlayStation®Vita system, 4K Ultra HD Media Player system or other authorized hardware is functioning properly. Some content may be provided automatically without notice when you sign in. Such content may include automatic updates or upgrades which may change your current operating system, cause a loss of data or content or cause a loss of functionalities or utilities. Such upgrades or updates may be provided for system software for your PlayStation®4 system, PlayStation®3 system, the PSP® system, PlayStation®Vita system, 4K Ultra HD Media Player system or other authorized hardware. Access or use to any system software is subject to terms and conditions of a separate end user license agreement. You authorize SIENA to provide such content and agree that SIENA shall not be liable for any damages, loss of data or loss of functionalities arising from provision of such content or maintenance services. It is recommended that you regularly back up any archivable data located on the hard disk. USER MATERIAL AND INFORMATION SIENA may collect and share with its affiliates, including Sony Interactive Entertainment America LLC ("SIEA"), information relating to your participation in PSN First Party Services, including your sign-in ID, photos, friend's list, communications, content viewing history, purchase history and game play history (collectively, "Information") as well as your personally identifying information. You may have an opportunity to share or permit SIENA to share your Information relating to your participation in PSN First Party Services with third parties. If you choose to do so, use or distribution of your Information on any third party website or service may be subject solely to that third party's terms of service and privacy policy. Before electing to share your Information, please be aware of the kinds of Information you will be sharing and review the third party's terms of service and privacy policy. SIENA may also provide your Information to its subsidiaries or affiliates and vendors in order to provide you with the PSN First Party Services. You hereby authorize SIENA to use, distribute, copy, display, and publish your Information for any legitimate business purpose, including tournaments and ranking, without payment to you. You may have the option to create, post, stream or transmit content such as pictures, photographs, game related materials, or other information ("User Material") through PSN to share with others on PSN or select Third Party Services, provided no rights of others are violated. To the extent permitted by law, you authorize and license SIENA a royalty free and perpetual right to use, distribute, copy, modify, display, and publish your User Material for any reason without any restrictions or payments to you or any third parties. You further agree that SIENA may sublicense its rights to any third party, including its affiliates and subsidiaries. You hereby waive, to the extent permitted by applicable law, all claims, including any moral or patrimonial rights, against SIENA, its affiliates and subsidiaries for SIENA or any third party's use of User Material. By creating, posting, streaming, or transmitting any User Material, you represent and warrant that you have the appropriate rights to use, create, post, distribute, and transmit User Material and to grant SIENA the foregoing license. You further agree to cooperate with SIENA in resolving any dispute that may arise from your Information or User Material. SIENA reserves the right to remove any Information or User Material at its sole discretion. Some games played on or provided through PSN may have features that allow your information, including game play, name, Online ID, photos, Friend's list, messages and related gaming information to be recorded by a user and distributed to any third party publicly, including users outside of PSN. You agree that any third party may record, use and distribute such information for any reason without any restrictions or compensation to you. Additional terms and conditions may apply, including SIENA's Privacy Policy, SIEA's Privacy Policy and the terms and conditions of any game publisher or service provider. Please review all terms carefully. If you do not want your information to be used, recorded or distributed, please do not play the game online through PSN. Through your use of PSN First Party Services, you may be provided with information about SIENA's or a third party's products or services. This information includes, but is not limited to, promotions, advertisements, product placements or marketing materials within PSN First Party Services or a game, irrespective of whether the game is connected with or provided through PSN. You agree that SIENA and its partners and providers may collect information regarding your activities, access, purchases, viewing history or game play, and may use and distribute such information subject to the terms of SIENA's Privacy Policy or the policies of third parties where applicable. SIENA does not endorse any of the third party products or services advertised, promoted or marketed. TERMINATION / CANCELLATION If SIENA determines in its sole discretion that you or your associated Sub Accounts have violated any term of this Agreement, the Usage Terms, or any other terms and conditions connected with PSN First Party Services or have otherwise injured or damaged the PSN First Party Services community, SIENA may take all actions to protect its interests, including termination or suspension of your Account (both the Master Account and any associated Sub Accounts), automatic removal or blockage of content, implementation of upgrades or devices intended to discontinue unauthorized use, permanent or temporary disablement of any system or device through which you receive PSN First Party Services or reliance on any other remedial efforts as necessary to remedy the violation. If the violation is in connection with content that you or your Sub Accounts have accessed, you must immediately cease use of such content and delete all copies from all of your devices. UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, YOU WILL NOT RECEIVE A REFUND FOR ITEMS (INCLUDING SUBSCRIPTIONS AND PRE-PAID PRODUCTS OR SERVICES), VALUE ACCUMULATED ON IN-GAME ITEMS OR ANY UNUSED BALANCE IN YOUR WALLET EXCEPT AS REQUIRED BY LAW OR AS EXPRESSLY PROVIDED IN THIS AGREEMENT. After your account is terminated, you will not be able to access PSN First Party Services. Any game ranking or scores, or information in connection with PSN First Party Services will not be retained or accessible by you or your associated Sub Accounts. In some situations, we may suspend or terminate your Master Account, but permit you to retain your associated Sub Accounts. If you do not terminate your Sub Accounts, you will be liable for all their acts. You may not alter any of the settings on your Master Account, including parental control settings placed on your Sub Accounts prior to the termination or suspension of your Master Account. Your Sub Accounts will be permitted to use the remaining funds in your wallet provided that the Sub Account has not exceeded the limit you placed on the Sub Account. Additionally, you will not receive further correspondence from SIENA about your Sub Accounts, including purchases made by your Sub Accounts. SIENA reserves the right to bring legal action and to participate in any government or private legal action or investigation relating to your conduct, which may require the disclosure of your information. Unless as otherwise stated in this Agreement, SIENA, at its sole discretion, may indefinitely suspend, or discontinue any and all online access to content at any time, including for maintenance service or upgrades, without prior notice or liability. BINDING INDIVIDUAL ARBITRATION Purpose. The term "Dispute" means any dispute, claim, or controversy between you and any Sony Group of Companies entity ("Sony Entity") regarding any PSN First Party Services or the use of any devices sold by a Sony Entity to access PSN First Party Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" Section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any Sony Entity or any of a Sony Entity's officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and the Sony Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. Exclusions from Arbitration. YOU AND THE SONY ENTITIES AGREE THAT ANY CLAIM FILED BY YOU OR BY A SONY ENTITY IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION. RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY SIENA IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PSN FIRST PARTY SERVICES ONLINE ID, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION. Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY SONY ENTITY, YOU MUST SEND WRITTEN NOTICE TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: SONY LEGAL DEPARTMENT: DISPUTE RESOLUTION" TO GIVE SIENA OR THE SONY ENTITY YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If the Sony Entity you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or the Sony Entity you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this Section. Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE SONY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the Sony Entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties. Arbitration Procedures. Because the software and/or service provided to you by the Sony Entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the Sony Entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the Sony Entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. Location of Arbitration. You or the Sony Entity you have a Dispute with may initiate arbitration in either San Mateo County, California or the United States county in which you reside. In the event that you select the county of your United States residence, the Sony Entity you have a Dispute with may transfer the arbitration to San Mateo, County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator. Severability. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court and you and the Sony Entity you have a dispute with each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury. Continuation. This Section shall survive any termination of this Agreement or the provision of PSN First Party Services to you. GOVERNING LAW AND JURISDICTION YOU AND SIENA AGREE THAT THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAW RULES, GOVERN THIS AGREEMENT AND ANY DISPUTE BETWEEN YOU AND THE SONY ENTITIES. ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION IN EITHER THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO OR IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA. GENERAL LEGAL SIENA, at its sole discretion, may modify the terms of this Agreement at any time, including imposing a fee for creating accounts. By accepting this Agreement or by accessing PSN First Party Services, you agree to be bound by all current terms of the Agreement. To access a printable, current copy of this Agreement, go to http://www.playstationnetwork.com/ on your personal computer. If material changes to this Agreement are made, you will be notified by e-mail or other communication when you sign in to PSN First Party Services. If necessary, you will be given additional choices regarding such change(s). Your continued use of PSN First Party Services, including use of your associated Sub Account(s), will signify your acceptance of these changes. If you do not accept material changes to the Agreement, contact us to terminate this Agreement and your account(s). This Agreement shall inure to the benefit of the parties, including any successors in interest of SIENA. SIENA has the right to assign any and all of its rights and obligations hereunder to any affiliate(s) or to any company in the Sony family group of companies. In addition to the benefits obtained by Sony Interactive Entertainment America LLC under "BINDING INDIVIDUAL ARBITRATION" Section, Sony Interactive Entertainment America LLC is a third party beneficiary of this Agreement. If any provision of this Agreement is held illegal or otherwise unenforceable by a court of competent jurisdiction, that provision shall be severed and the remainder of the Agreement shall remain in full force and effect. Except as otherwise required by applicable law, this Agreement shall be construed and interpreted in accordance with the laws of the State of California applying to contracts fully executed and performed within the State of California. Except as otherwise required by applicable law, both parties submit to personal jurisdiction in the state courts of San Mateo County, California and the federal courts of the Northern District of California. In the event of litigation to enforce any part of this Agreement, all costs and fees, including attorney's fees, shall be paid by the non-prevailing party to the extent permitted by applicable law. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY No warranty is given about the quality, functionality, availability or performance of PSN First Party Services, or any content or service offered on or through PSN First Party Services. All services and content are provided "AS IS" and "AS AVAILABLE" with all faults. SIENA does not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this Agreement, SIENA expressly disclaims any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. SIENA assumes no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM PSN FIRST PARTY SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND SIENA'S MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN FIRST PARTY SERVICES SHALL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, SIENA EXCLUDES ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING PSN FIRST PARTY SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. You acknowledge that PSN First Party Services may require an internet connection for which you are solely responsible. Further, you are solely responsible for payment of any third party fees associated with your internet connection, including but not limited to internet service provider or airtime charges. The provision, quality and security of such internet connectivity are the sole responsibility of the third party providing such service. Authorized Devices sold separately. PLEASE CONTACT SONY INTERACTIVE ENTERTAINMENT AMERICA LLC CONSUMER SERVICES FOR FURTHER INFORMATION OR QUESTIONS VIA OUR WEBSITE http://us.playstation.com/support/ask/ OR BY PHONE AT 877-971-7669 OR AT THE FOLLOWING ADDRESS: SONY INTERACTIVE ENTERTAINMENT AMERICA LLC CONSUMER SERVICES DEPARTMENT, P.O. BOX 5888, SAN MATEO, CALIFORNIA, 94402-0888, UNITED STATES OF AMERICA. YOU MAY ALSO CONTACT US FOR FURTHER INFORMATION ON PSN VIA OUR WEBSITE http://www.playstationnetwork.com/support OR BY PHONE TOLL FREE AT 855-999-7669 OR AT THE FOLLOWING ADDRESS SONY INTERACTIVE ENTERTAINMENT NETWORK AMERICA LLC CONSUMER SERVICE, 6080 CENTER DRIVE, SUITE 1000, LOS ANGELES, CALIFORNIA, 90045, UNITED STATES OF AMERICA. IN ORDER TO CONTACT US FROM LATIN AMERICA, PLEASE USE THE FOLLOWING: Argentina: 011-6770-7669 Bolivia: 800-10-0228Brazil: 0800-880-7669 (from outside Brasilia) Brazil: 4003 7669 (inside Brasilia) Chile: 800-261-800; (56)(2)7546333 Colombia: Bogotá: 3581251; Nacional: 01-8000-94-00-11 Costa Rica: 0-800-507-1007 Ecuador: 1-800-00-7669 El Salvador: 800-6148 Guatemala: 1-800-2990001 Honduras: 800-2791-9266 Mexico: 01 800-759-7669; 5002-9819 Nicaragua 1-800-507-0011 Panama: 800-2050; 800-7669 Paraguay: https://scea.secure.force.com/LiveChatRequest?lang=es Peru: 0-801-1-7000; (51)(1)201-2600 Uruguay: https://scea.secure.force.com/LiveChatRequest?lang=es ELECTRONIC ARTS SOFTWARE END USER LICENSE AGREEMENT PLEASE NOTE: SECTION 14 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIV ER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH EA. PLEASE READ IT. This End User License Agreement (“Licen se”) is an agreem ent between you and Electronic Arts Inc., its subsidiaries and af filiates (“EA”). This License governs your use of this software product and all related documentation, and updates and upgrades that replace or supplement the software in any respect and which are not distributed with a separate license (collectively, the " Software "). This Software is licensed to you, not sold. BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS LICENSE AND AGREE TO BE BOUND BY IT. SECTION 2 BELOW DESCRIBES THE DATA EA MAY USE TO PROVIDE SERVICES AND SUPPORT TO YOU IN CONNECTION WITH THE SOFTWARE. IF YOU DO NOT AGREE TO THIS USE OF DATA , DO NOT INSTALL OR USE THE SOFTWARE. SECTION 14, BELOW, PROVIDES THAT ANY DISPUTES MUST BE RESOLVED BY BINDING ARBITRAT ION ON AN INDIVIDUAL BASIS. IF YOU INSTALL THE SOFTWARE, THE TERMS AND CONDITIONS OF THIS LICENSE ARE FULLY ACCEPTED BY YO U. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, THEN DO NOT INSTALL OR USE THE SOFTWARE. Right to Return (Applicable To Those Who Purchased Packaged Software From Physical Retail Stores In the United States) . If you do not agree to the terms of this License an d you have not fully installed or used the Software, you may return the Software for a refund or exchange within thirty (30) days from the date of purchase to the original place of purchase by following the instructions for return available at http://warrantyinfo.ea.com . 1. Limited License Grant and Terms of Use . A. Grant . Through this purchase, you are acquiring and EA grants you a personal, limited, non-exclusive license to install and use the Software for your non-commercial use solely as set forth in this License and the accompanying documentation. Your ac quired rights are subject to your compliance with this Agreement. A separate Terms of Service agreement governs your use of online services in co nnection with the Software. You may view the Te rms of Service agreement at http://terms.ea.com . A separate Privacy and Cookie Policy governs the collection, storage, use an d transfer of user info rmation. You may view the Privacy and Cookie Policy at http://privacy.ea.com B. Access to Online Features And/Or Services. An EA Account, including the accepta nce of EA’s online Terms of Service ( http://terms.ea.com ) and Privacy and Cookie Policy ( http://privacy.ea.com ) and registration with the serial code enclosed with the Software, may be required to acce ss online services and/or features. Only licensed software can be used to access online services and/or features, including downloadable cont ent and access to such features, is limited to you and your immediate fa mily or members of your household. C. EA may make virtual points, coins, or currencies (“EA Virtual Currency”) available for use in the Software. By purchasing, earning, or otherwise receiving EA Virtual Currency from EA or EA’s approv ed partners or affiliates, you obtain a personal, limi ted, non-assignable, revocable license to access and select from the in-game content th at EA expressly makes available within the Software. EA Virtual Currency has no monetary value and does not constitute currency or property of any type. EA Virtual Currency cannot be sold, traded, tran sferred, or exchanged for cash; it may only be redeemed for in-game content with in the Software. EA Virtual Currency is non- refundable unless expressl y authorized by EA in writing or otherwise required by law. D. Restrictions on the use of EA Virtual Currency applicable to licensees who reside in Japan. You agree to use any EA Virtual Currency purchased for use in the Soft ware within 180 days after the date of purchase. 2. Consent to Use of Data. EA knows that you care how information about you is collected, used and shared, and we appr eciate your trust that we will do so carefully and sensibly. Information about our customers is an important part of our business, and EA would never sell your personally identifiable information to anyone. We and agents acting on our behalf do not share information that personally identifies you without your consent, except in rare instances where disclosure is required by law or to enforce EA’s legal rights. When you play this game, EA and its affiliates may collect and store data from your computer or device. Info rmation that EA and its a ffiliates collect includes technical and related information rega rding your computer (or device) and operating system (including Internet Pr otocol Address and device ID(s)), as well as information about your Software usage (including but not limited to successful installation and/ or removal), gameplay and usage statistics, system interactions and peripheral hardware. If you play this game offline, this data will be transmitted to EA and its affiliat es if and when you access online features and/or services. EA and its affiliates ma y use this information to improve their products and services, provide services to and communicate with you (including for marketing purposes), facilitate the provision of software updates, dynamically served content, and software support, and to trouble-shoot bugs or otherwise enhance your experience. IF YOU DO NOT CONSENT TO THIS COLLECTION AND USE OF INFORMATIO N, DO NOT INSTALL OR USE THE SOFTWARE. This and all other data provided to EA and/or collected by EA in connection with your installation and use of this Software is collected, used, stored and transmitted by EA, 209 Redwood Shores Parkway, Redwood City, CA 94065 in accordance with EA’s Privacy and Cookie Policy at www.ea.com . To the extent that anything in this section conflicts or is inconsistent with EA’s Privacy and Cookie Policy, the terms of the Privacy and Cookie Policy shall control. 3. Consent to Public Display of Data. If you participate in online services, such as online play or the downloading and uploadin g of content, EA and its affiliates may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is cr eated and shared by you with other players. Data that personally identifies you is collected, used, st ored and transmitted in accordance with EA’s Priv acy and Cookie Policy lo cated at www.ea.com. 4. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from EA if you fail to comply with an y of the terms and co nditions of this License. Promptly upon termination, yo u must cease all use of the Software and destroy all copies of the Softwa re in your possession or control. Termination will not limit an y of EA’s other rights or remedies at law or in equity. Sections 4 – 14 of this License shall survive termination or expiration of this License for any reason. 5. Limited Warranty on Recording Media. THE LIMITED WARRANTY ON RECORDING MEDIA THAT ACCOMPANIES YOUR SOFTWARE IS INCORPORATED HEREIN BY REFERENCE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LOCAL LAW, WHIC H VARY FROM JURISDICTION TO JURISDICTION. 6. Limitation of Liability; Disclaimer of Warranties THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. FOR ADDITIONAL INFORMATION ABOUT CONSUMER RIGHTS AVAILABLE TO AUSTRALIAN CONSUMERS, GO TO http://help.ea.com/au/article/origin-au-returns-and- cancellations/ . Disclaimer of Warranties. EXCE PT FOR THE LIMITED WARRANTY ON RECORDING MEDIA, IF APPLICABLE , AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AN D YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA”) DO NOT MA KE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFAC TORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINF RINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRAC TICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIB LE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVID ED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. FOR ADDITIONAL INFORMATION ABOUT CONSUMER RIGHTS AVAILABLE TO AUSTRALIAN CONSUMERS, GO TO http://help.ea.com/au/article/origin-au-returns-and- cancellations/ . 7. Limitation of Liability and Discla imer of Warranties are Material Terms of this License . You agree that the provisio ns in this License that limit liability are essential terms of this License. The foregoing limitations of liability apply even if the above stated remedy under the Limited Warranty for Recording Media fails in its essential purpose. 8. Severability and Survival . If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possibl e the effect of the original term and all other provisions of this License shall continue in full fo rce and effect. 9. U.S. Government Restricted Rights . If you are a gove rnment end user, then this provision applies to you. The Software provided in connection with this License has been developed entirely at private expens e, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) an d DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial item s,” “commercial computer software” and/or “commercial computer software documentation.” Consistent with DFARS section 227.7202 and FAR section 12 .212, and to the extent required under U.S. federal law, the minimum re stricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduc tion, release, performance, display, disclosure or distribution thereof by or for the U. S. Government shall be governed solely by this License and sh all be prohibited ex cept to the extent expressly permitted by this License. 10. Injunctive Relief. You agree that a breach of this License will cause irreparable injury to EA for which monetary damages would not be an adequate remedy and EA shall be entitled to seek equitable relief in addition to any remedies it may have hereund er or at law without a bond, other security or proof of damages. 11. Governing Law. If you reside in the European Union, (i) the laws of your country of residence govern this License and your use of the Software; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or yo ur use of the Application shall be the Courts of your country of residence, and you ex pressly consent to the exercise of personal juri sdiction of such courts. If you reside in the Repub lic of Korea, (i) the laws of Korea, excluding its conflicts-of-law rules, g overn this License and your use of the Application; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or yo ur use of the Application shall be the Courts of Ko rea, and you expressly cons ent to the exercise of personal jurisdiction of such courts. For all other purchasers: (i) the laws of the State of California, excluding its conflicts-of-law rules, gove rn this License and/or your use of the Application; and (ii) you expressly agr ee that for claims and disp utes not subject to the arbitration provision in section 14, belo w, exclusive jurisdic tion for any claim or action arising out of or relating to this License and/ or your use of the Application shall be the federal or stat e courts that govern San Mateo County, California, and you expressl y consent to the exercise of personal jurisdiction of such courts. Please note that you r conduct may also be subject to other local, state, national, and internationa l laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to an y dispute or transaction arising out of this License. 12. Entire Agreement. This License constitutes the entire agreement between you and EA with respect to the Soft ware and supersed es all prior or contemporaneous understandings re garding such subject matter. No amendment to or modificati on of this License will be binding unless made in writing and signed by EA. No failure to exercise, and no delay in exercising, on the part of either part y, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right he reunder. In the event of a conflict between this License and any app licable purchase or other terms, the terms of this License shall govern. 13. Dispute Resolution for Reside nts of the European Union . Most user concerns can be resolved qu ickly and to your satisfac tion by logging into our customer support interfa ce with your Account at http://help.ea.com . In the unlikely event that EA cannot resolve a concern to your satisfaction (or if EA cannot resolve a concern it has with you af ter attempting to do so informally), then either you or we may refer this matter to alternative dispute resolution (such as conciliation or arbitration) with the prior written consent of the other party. 14. Dispute Resolution By Binding Arbitration . This Section 14 is applicable to all purc hasers except those that reside in the European Union. The purpose of this S ection is to provide a streamlined method for resolution of disputes be tween us if they arise. As discussed below in Section 14.e, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater than EA’s last settlem ent offer to you (if any), EA will pay you 150% of your arbitration award, up to $5000 over an d above your arbitration award. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Most of your concerns can be resolved qu ickly and to your satisfaction by logging into the EA customer support in terface with your Account at http://help.ea.com . In the unlikely event that EA cannot resolve a concern to your satisfaction (or if EA cannot resolve a concern it has wi th you after attemp ting to do so informally), then you and EA agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Ru ssia, Switzerland and the Member States of the European Union, and th e Republic of Korea. By accepting the terms of this License, you and EA expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. The arbitrator, and no t any local, state or federal court, has the exclusive auth ority to resolve any and all disputes arising between us, including any dispute relating to the interpretation, scope, enforceability, or formatio n of this agreement to ar bitrate, including but not limited to any claim that all or any pa rt of this agreement to arbitrate is unenforceable. This Section covers any and all disputes between us (“ Disputes ”), including without limitation: (a) claims arising out of or relating to any aspect of the relationship between us, whether based in co ntract, tort, statute, fraud, misrepresentation or an y other legal theory; (b) claims that arose before this Agreement or any prior agreement (including, but not limited to, clai ms relating to advertising); (c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (d) claims that may arise after the te rmination of this Agreement. The only disputes that are not covered by this Section are the following: 1) a claim to enforce or protect, or con cerning the validity of, any of your or EA’s (or any of EA’s licensors ’) intellectual property rights; 2) a claim related to, or arising from, allegations of theft, piracy, or unauthorized use of intellectual property; 3) if you reside in Australia: a clai m to enforce any statutory consumer rights to which you are entitled under the Australia n Consumer Law; and 4) in addition, nothing in this Agreem ent shall prevent either party from initiating a small claims court action. References to "EA," "you," and "us" incl ude our respective subsidiaries, affiliates, agents, employees, predecessors in interest , successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prio r agreements between us. Th is agreement to arbitration evidences a transaction in interstate co mmerce, and thus the Federal Arbitration Act governs the interpretation and enforcem ent of this Section. This agreement to arbitrate shall survive termination of this EULA. A . Informal Negotiations/Notice of Dispute. You and EA agree to first attempt to resolve any Disput e informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (“ Notice of Dispute ”). Notices of Dispute must: (a) include the full name and contact inform ation of the complaining party; (b) describe the nature and basis of the cl aim or dispute; and (c) set forth the specific relief sought (" Demand "). EA will send its No tice of Dispute to your billing address (if you provide d it to us) or to the em ail address you provided to us. You will send your No tice of Dispute to: Electroni c Arts Inc., 209 Redwood Shores Parkway, Redwood City CA 94065, ATTENTION: Legal Department. B . Binding Arbitration. If you and EA are unab le to resolve a Dispute through informal negotiatio ns within 30 days after receipt of the Notice of Dispute, either you or EA may elect to have the Dispute fina lly and exclusively resolved by binding arbitration. Any el ection to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND EA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shal l be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“ AAA Consumer Rules ”), both of which are available at the AAA website www.adr.org . Your arbitration fees and your share of arbitrator compensation shall be g overned by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send EA a noti ce to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then EA will promptly pay all arbitration fees and expenses. The arbitration may be conduc ted in person, through the submission of documents, by phone or online. Th e arbitrator shall ma ke a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable la w, and any award may be challenged if the arbitrator fails to do so. You and EA may litigate in court to compel arbitration, to stay proceed ing pending arbitration, or to confirm, modify, vacate or enter judgment on the awar d entered by the arbitrator. C . Restrictions. You and EA agree that any arbitration shall be limited to the Dispute between EA and you indivi dually, regardless whether the relief sought is monetary or inju nctive in relief, and any re lief awarded in arbitration shall be applicable only to you in your individual capacity. To the full extent permitted by law: (a) no arbitration sh all be joined with any other; (b) no Dispute shall be arbitrated on a class basi s or utilize class ac tion procedures; and (c) there is no right or authority for an y Dispute to be brought in a purported representative capacity on behalf of th e general public or on behalf of any person other than yourself. YOU AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EA agree otherwise, the ar bitrator may not consolidate more than one person's claims, and may not othe rwise preside over any form of a representative or class proceeding. If this specific provisio n is found to be unenforceable, then the entire ty of this agreement to ar bitrate shall be null and void. D . Location. If you are a resident of the United States, arbitration will take place at any reasonable location co nvenient for you. For residents outside the United States, arbitratio n shall be initiated in the County of San Mateo, State of California, United States of America, and you and EA agr ee to submit to the personal jurisdiction of th at court, in order to comp el arbitration, to stay proceeding pending arbitration, or to conf irm, modify, vacate or enter judgment on the award entered by the arbitrator. E . Recovery and Attorneys’ Fees. If the arbitrator ru les in your favor on the merits of any claim yo u bring against EA and issues you an award that is greater in monetary value than EA's la st written settlement offer made before final written submissions are made to the arbitrator, then EA will: (a) Pay you 150% of your arbitration award, up to $5,000 over and above your arbitrat ion award; and (b) Reimburse all of the filing, administ ration and arbitrator fees that you paid to the AAA. Each part y will be responsible for its own attorneys’ fees and related expenses (including expe rt witness fees and costs), but the arbitrator w ill have the authority to award attorneys’ fees and ex penses if such an award is available under applicable law. EA waives any ri ght it may have to seek an award of attorneys’ fees and expenses in connection with any arbitration between us. F . Limitation on Arbitrator’s Authority. The arbitrator may award declaratory or injunctive re lief only in favor of the in dividual party seeking relief and only to the exte nt necessary to pr ovide relief warranted by that party's individual claim. G . Changes to Agreement. EA will not enforce ma terial changes to this agreement to arbitrate against account ho lders absent express agreement to the changed terms. 15. PlayStation®Store Purchases in Europe. Any content purchased in an in-game store will be purchased from Sony Network Ente rtainment Europe Limited ("SNEE") and be subject to "Pla yStation Network" Terms of Service and User Agreement which is availabl e on the PlayStatio n®Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content availabl e in any in-game store has the same age rating as the game. 16. PlayStation®Store Purcha ses in USA and Canada. Purchase and use of items are subject to the "PlayStation Network" Terms of Service and User Agreement. This online service has been subli censed to you by Sony Computer Entertai nment America. ELECTRONIC ARTS TERMS OF SERVICE PLEASE NOTE: SECTION 20 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH EA. PLEASE READ IT. These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access, any product or service that requires an Internet connection or EA Account to access, install or play as well as any EA Account you use to access online or mobile products or services ("EA Services") offered by Electronic Arts or any of its subsidiaries and affiliates (collectively, "EA") for PC, game system or mobile device. If you reside in the United States, Canada or Japan, these terms are an agreement between you and Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City, CA 94065, USA.  If you reside in any other country, then these terms are an agreement between you and EA Swiss Sàrl, a company registered in the Geneva Companies Registry with company registration number: CH-660-2328005-8 and with offices at 8 Place du Molard, 1204 Geneva, Switzerland.  If additional terms and/or agreements apply to the EA Service(s) used by you, those additional terms and/or agreements govern your use of EA Services as well. These Terms of Service, as well as EA’s Privacy and Cookie Policy available at privacy.ea.com  (incorporated herein by reference) form legally binding contracts between you and EA.  By using EA Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this Agreement with your parent or guardian and he or she assents to these Terms of Service on your behalf and takes full responsibility for your compliance with them.  You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service. You agree to check terms.ea.com periodically for new information and terms that govern your use of EA Services.  EA may modify the Terms of Service at any time.  Revisions to terms affecting existing EA Services shall be effective thirty (30) days after posting at terms.ea.com.  Terms for new EA Services are effective immediately upon posting at terms.ea.com.  EA will not enforce material changes to this Agreement against account holders absent express agreement to the changed terms. Table of Contents 1. EA Account 2. Content 3. Entitlements 4. Use of Content and Entitlements/General License Restrictions 5. Content and Entitlement Availability 6. Contributing Third Party Content to EA Services 7. UGC License Grant to EA and Others 8. EA Virtual Currency 9. Termination of EA Services 10. Cancellation of your Account 11. Rules of Conduct 12. Services Not Controlled By EA 13. Software, Utilities and Tools 14. Export Control Laws 15. Updates to EA Services 16. Limitations on Warranty and Liability 17. Indemnification 18. Links to Third-Party Sites 19. General Terms 20. Dispute Resolution By Binding Arbitration 21. Entire Agreement 22. Notice to California Residents 23. Supplemental Terms 1. EA Account An EA Account, formerly known as an Origin Account ("Account"), may be required to access and use some EA Services.  If you have questions about Account registration, please contact us by visiting help.ea.com, support.popcap.com (for PopCap products) or swtor.com/support (for Star Wars™: The Old Republic). To create an Account, you must have an email address, and provide truthful and accurate information.  You must be eligible to use the EA Service for which you are registering.  In addition, some EA Services may require creation of a "user name" or a "persona" to represent you in game and online.  User names and personas are tied to your Account.  You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service. You are solely responsible for all activity on your Account.  Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal.  You should not reveal your Account password to others.  EA will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions. 2. Content  "Content" on EA Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from EA Services, as well as the design and appearance of our websites.  Content includes user-generated Content ("UGC").  UGC includes but is not limited to Account personas, forum posts, profile content and any other Content contributed by users to EA Services.  EA Content and UGC collectively shall be referred to as "Content."  All Content--with the exception of UGC discussed below in Section 6 and 7--is owned by EA or its affiliates, subsidiaries, licensors or suppliers.  You bear the entire risk of the completeness, accuracy and/or usefulness of UGC found on EA Services.  3. Entitlements "Entitlements" are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of EA Services and/or products.  Entitlements include but are not limited to paid and free downloadable content; unlockable content; digital content, including additional or enhanced functionality, content subscriptions; virtual assets; rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind; in-game achievements; virtual points, coins, or currencies (each individually or collectively defined as “EA Virtual Currency”). 4. Use of Content and Entitlements/General License Restrictions EA grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional Terms applicable to the EA Services accessed by you.  Content and Entitlements and all other intellectual property rights in or on EA Services as well as the products and services offered through EA Services, are owned by EA or EA's third party licensors and are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy, access, or download any Content and/or Entitlements from an EA Service unless you are expressly authorized to do so.  In addition, unless expressly authorized by EA, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements.  Any commercial use is prohibited.  You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content.  Your rights are subject to your compliance with these Terms of Service as well as any other applicable Terms. EA reserves all right, title and interest in any Content, Entitlements, EA Services and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service.  Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of EA and does not include any rights to other patents or intellectual property.  Making unauthorized copies or distribution of Content and/or Entitlements found on EA Services may result in the termination of your Account(s), prohibition on use of EA Services, and further legal action as set out in Section 9 below.  Content and/or Entitlement owners may take legal action against you for unauthorized use of intellectual property. 5. EA Services, Content and Entitlement Availability Entitlements may only be held in Accounts belonging to legal residents of countries where access to and use of Content and Entitlements is permitted.  Entitlements may be purchased or acquired only from EA or an authorized retailer.  EA reserves the right to refuse your request(s) to acquire Entitlements, and EA reserves the right to limit or block any request to acquire Entitlements for any reason.  We do not guarantee that any EA Services, Content or Entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you.  Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services, subject to any rights of return you may have under Section 16 or under any applicable consumer law in your territory. 6. Contributing UGC to EA Services EA does not pre-screen all UGC and does not endorse or approve any UGC that you and other users may contribute to EA Services.  You are solely responsible for your UGC and may be held liable for UGC that you post. EA respects the intellectual property rights of others.  You must have the legal right to upload UGC to EA Services.  You may not upload or post any UGC on EA Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law, this Terms of Service and/or any third party's right of privacy or right of publicity.  You may upload only UGC that you are permitted to upload by the owner or by law. EA may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party.  If you are a repeat infringer of EA's or a third party's intellectual property or other rights, EA may terminate your Account without notice to you.  If your Account(s) is/are terminated under this paragraph, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements associated with your Account. EA reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when EA determines that UGC violates these terms.  The decision to remove UGC or other Content at any time is in EA's sole and final discretion.  To the maximum extent permitted by applicable law, EA does not assume any responsibility or liability for UGC or for removal of, UGC or any failure to or delay in removing, UGC or other Content. 7. UGC License Grant to EA and Others When you contribute UGC to an EA Service, you expressly grant to EA and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party.  You grant EA and its licensors all licenses, consents and clearances to enable EA and its licensors to use such UGC for such purposes.  You waive and agree not to assert any moral or similar rights you may have in such UGC. If the EA Service on which you contribute UGC permits other users to access and use that UGC as part of the EA Service, then you also grant all other users of the relevant EA Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant EA Service without further notice, attribution or compensation to you. 8. EA Virtual Currency Certain EA Services may make virtual points, coins, or currencies (“EA Virtual Currency”) available in-game.  By purchasing, earning, or otherwise receiving EA Virtual Currency from EA or EA’s approved partners or affiliates, you obtain a personal, limited, non-assignable, revocable license to access and select from the content that EA expressly makes available within the applicable EA Service. EA Virtual Currency has no monetary value and does not constitute currency or property of any type.  EA Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it may only be redeemed for EA In-Game Content.  EA Virtual Currency is non-refundable unless expressly authorized by EA in writing or otherwise required by law. 9. Termination of EA Services EA may terminate access to EA Services, or parts of such EA Services, at any time by giving you notice of such termination within the time period specified when you joined the particular EA Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at EA’s discretion) provided to you via email or is posted on the applicable product or EA Service or on http://www.ea.com/2/service-updates. EA may also terminate access to EA Services for violation of this Terms of Service, if EA (in its sole discretion) deems that your use of EA Services renders EA Services less safe for others and/or minors or for illegal or improper use of EA Services, Content, Entitlement, products, or EA's Intellectual Property as determined by EA in its sole discretion.  You may lose your user name and persona as a result of  termination.  If you have more than one (1) Account, EA may terminate all of your Accounts and all related Entitlements.  In response to a violation of these Terms of Service or any other agreement applicable to EA Services accessed by you, EA may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all EA Services or certain EA Services.  You acknowledge that in such an instance EA is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all EA Services or selectively removing, revoking or garnishing Entitlements associated with your Account.  If EA terminates your Account, you may not participate in an EA Service again without EA's express permission.  EA reserves the right to refuse to keep Accounts for, and provide EA Services to, any individual.  You may not allow individuals whose Accounts have been terminated by EA to use your Account. Please note, EA considers notification of a chargeback to a payment made from an Account as strong evidence of fraud occurring on your Account.  For your safety, EA may temporarily or permanently terminate your Account and/or selectively remove, revoke or garnish the EA Services associated with your Account upon notification of a chargeback. If your Account, or a particular subscription for an EA Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all EA Services, no refund will be granted (in all other circumstances, see Section 16 for your refund rights), no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular EA Service.  If you believe that any action has been taken against your Account or device in error, please contact Customer Support at help.ea.com, support.popcap.com (for PopCap products) or swtor.com/support (for Star Wars™: The Old Republic). 10. Cancellation of your Account You have the right to cancel your Account or a particular subscription to an EA Service at any time.  If you do not agree to the terms in this Terms of Service, your sole remedy is to not use EA Services and to cancel your Account or applicable subscriptions.  You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with EA, including any dispute related to, or arising out of: (1) any term of this Terms of Service or EA's enforcement or application of this Terms of Service; (2) the Content and Entitlements available through EA Services or any change in Content or Entitlements provided through EA Services; (3) your ability to access and/or use EA Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for EA Services and/or any Content or Entitlements thereon. Contact EA's Customer Service Department at help.ea.com, support.popcap.com (for PopCap products) or swtor.com/support (for Star Wars™: The Old Republic) to cancel your Account.  EA reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an EA Service.  You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation.  Any delinquent or unpaid fees and other unresolved issues with EA Services must be settled before you establish a new Account. 11. Rules of Conduct You may violate the Terms of Service if, as determined by EA in its sole discretion, you: - Post, transmit, promote, or distribute Content that is illegal. - Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. - Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate.  Hate speech is not tolerated. - Use abusive, offensive, or defamatory screen names and/or personas. - Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of EA Services.  Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within an EA Service. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements. - Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text]. - Impersonate another person (including celebrities), indicate falsely that you are an EA employee or a representative of EA, or attempt to mislead users by indicating that you represent EA or any of EA's partners or affiliates. - Attempt to get a password, account information, or other private information from anyone else on EA Services. - Upload any software or Content that you do not own or have permission to freely distribute. - Violate any additional Rules of Conduct applicable to a specific EA Service that you are using. - Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items. - Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt EA Services. - Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities. - Improperly use in-game support or complaint buttons or make false reports to EA staff. - Use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications. - Use any game hacking/altering/cheating software or tools. - Modify or attempt to modify any file or any other part of the EA Service that EA does not specifically authorize you to modify. - Post or communicate any person's real-world personal information using an EA Service. - Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an EA Service. - Use and communicate exploits and/or cheats. - Attempt to use EA Software on or through any service that is not controlled or authorized by Electronic Arts.  Any such use is at your own risk and may subject you to additional or different terms.  EA takes no responsibility for your use of EA Software on or through any service that is not controlled by Electronic Arts. - Interfere with the ability of others to enjoy playing an EA Service or take actions that interfere with or materially increase the cost to provide an EA Service for the enjoyment of all its users. - Unless expressly authorized by EA, you may not sell, buy, trade or otherwise transfer your Account or any personal access to EA Services, Content or Entitlements, including by use of auction websites. - You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software. - Post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-game or in the forums. - Abuse or exploit bugs, undocumented features, design errors or problems in the game. - “Role–playing” is not an excuse for violating this or any other policy. Specific EA Services may also post additional rules that apply to your conduct on those services.  You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use EA Services.  EA reserves the right to terminate your Account and to prevent your use of any and all EA Services if your Account is used to engage in illegal activity or to violate this Terms of Service.  Unless otherwise specified, there is no requirement or expectation that EA will monitor or record any online activity on EA Services, including communications.  However, EA reserves the right to access and/or record any online activity on EA Services and you give EA your express consent to access and record your activities.  EA reserves the right to remove any content from any EA Service at EA's sole discretion.  EA has no liability for your or any third party's violation of this Agreement. If you encounter another user who is violating any of the Rules of Conduct, please report this activity to EA using the "Help" or "Report Abuse" functions in the relevant EA Service, if available, or contact Customer Support at help.ea.com, support.popcap.com (for PopCap products) or swtor.com/support (for Star Wars™: The Old Republic). 12. Services Not Controlled By EA Some products may give you the option of using EA Software on or through a service that is not controlled by EA.  For example, you may be given the option to play EA Software online on servers not owned or controlled by EA.  EA takes no responsibility for your use of EA Software on or through any such service and otherwise has no control over how those services are offered, administered or operated.  Any such use of non-EA controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service. 13. Software, Utilities and Tools EA Services may require or allow you to download software, software updates or patches, or other utilities and tools from EA or its licensors onto your computer, entertainment system or device ("EA Software").  EA grants to you a non-exclusive, limited license to use EA Software solely for the purpose stated by EA at the time the EA Software is made available to you.  If an End User License Agreement or End User Access And License Agreement is provided with the EA Software, your use of the EA Software is subject to the terms of that license agreement.  You may not sub-license, or charge others to use or access EA Software.  You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from EA Software.  You may not modify EA Software or use it in any way not expressly authorized in writing by EA.  You understand that EA's introduction of various technologies may not be consistent across all platforms and that the performance of EA Software and related EA Services may vary depending on your computer and other equipment. From time to time, Electronic Arts may provide you with updates or modifications to EA Software.  You understand that certain updates and modifications may be required in order to continue use the EA Software and EA Services. 14. Export Control Laws EA Software may be subject to United States export controls, and export controls of other jurisdictions.  By downloading EA Software from EA, you warrant that you are not located in any country, or exporting EA Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or EA Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.  You further agree not to upload to EA Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.  The assurances and commitments in this Section shall survive termination of this Agreement. 15. Updates to EA Services IMPORTANT: EA MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF EA SERVICES.  THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL.  EA RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES. 16. Limitations on Warranty and Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF EA SERVICES, EA SOFTWARE, CONTENT, ENTITLEMENTS AND THE INTERNET IS AT YOUR SOLE RISK.  EA SERVICES, EA SOFTWARE, EA PRODUCTS, CONTENT, ENTITLEMENTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION.  SEE HERE FOR MORE INFORMATION ON STATUTORY WARRANTY AND OTHER STATUTORY CONSUMER RIGHTS APPLICABLE IN YOUR TERRITORY.  FOR INFORMATION ABOUT CONSUMER RIGHTS AVAILABLE TO AUSTRALIAN CONSUMERS, GO TO http://help.ea.com/au/article/origin-au-returns-and-cancellations/.  SUBJECT TO ANY SUCH STATUTORY CONSUMER RIGHTS APPLICABLE IN YOUR TERRITORY, NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF EA SOFTWARE OR EA SERVICES.  EA DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES.  EA PROVIDES EA SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE EA SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT EA WILL HAVE ADEQUATE CAPACITY FOR EA SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EA OR ITS LICENSORS ARISING OUT OF OR RELATING TO EA SERVICES AND/OR EA PRODUCTS IS TO STOP USING EA SERVICES, AND TO CANCEL YOUR ACCOUNT.  YOU ACKNOWLEDGE AND AGREE THAT EA, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON EA SERVICES OR USE OF EA SOFTWARE.  IN NO CASE SHALL EA'S OR ITS LICENSORS', LICENSEES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "EA AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO EA FOR EA SERVICES.  IN NO CASE SHALL EA, ITS LICENSORS OR EA AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF EA SERVICES, EA SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF EA SERVICES OR ACCOUNTS.  WHILE EA USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, EA AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY EA SERVICE, CONTENT, EA SOFTWARE TO YOUR COMPUTER AND/OR DEVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EA'S, EA'S LICENSORS' AND EA AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.  SUBJECT TO ANY STATUTORY CONSUMER RIGHTS APPLICABLE IN YOUR TERRITORY, EA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH EA AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  SEE HERE FOR MORE INFORMATION ON STATUTORY WARRANTY AND OTHER STATUTORY CONSUMER RIGHTS APPLICABLE IN YOUR TERRITORY.  FOR INFORMATION ABOUT CONSUMER RIGHTS AVAILABLE TO AUSTRALIAN CONSUMERS, GO TO http://help.ea.com/au/article/origin-au-returns-and-cancellations/. 17. Indemnification Upon EA's and/or its licensors' request, you agree to defend, indemnify and hold harmless EA, its licensors and EA Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through EA Services.  Without limiting the generality of the foregoing, you agree to indemnify and hold EA and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.  You agree that you will be personally responsible for your use of EA Services and for all of your communication and activity on EA Services, including any Content you contribute, and that you will indemnify and hold harmless EA, EA's licensors and EA Affiliates from any liability or damages arising from your conduct on EA Services, including any Content that you contribute. EA and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  In that event, you shall have no further obligation to provide indemnification to EA and/or its licensors in that matter.  This Section shall survive termination of this Terms of Service.  18. Links to Third-Party Sites EA Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers.  Those sites may collect data or solicit personal information from you.  EA does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. 19. General Terms A. Remedies.  You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service.  You also understand and agree that this Terms of Service, the EA Privacy and Cookie Policy and all Terms incorporated into this Terms of Service, including EA's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. B. Severability.  If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of EA, and the remaining portions shall remain in full force and effect. C. Waiver.  The failure of EA to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision.  Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by EA. D. Governing Law.  If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with EA or relating in any way to your Account(s) or your use of EA Services resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving EA or its affiliates, employees, contractors, officers, directors, vendors and content providers.  If you reside in the Republic of Korea: (i) the laws of the Republic of Korea, excluding its conflict of law rules, govern the Terms of Sale; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating Terms of Sale shall be the Courts of the Republic of Korea, and you expressly consent to the exercise of personal jurisdiction of such courts.  If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) to the extent applicable pursuant to Section 20, below, you expressly agree that exclusive jurisdiction for any claim or dispute with EA, arising out of or relating in any way to your Account(s) or your use of EA Services resides in the federal and state courts within the jurisdiction of the United States District Court for the Northern District of California, and you further agree and expressly consent (to the extent applicable pursuant to Section 20, below), to the exercise of personal jurisdiction in such courts in connection with any such dispute not precluded by Section 20 below  including any claim involving EA or EA Affiliates, subsidiaries, contractors, vendors and content providers.  As noted above, your conduct may also be subject to other local, state, national, and international laws. 20. Dispute Resolution By Binding Arbitration The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise.  As discussed below in Section 20.e, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater than EA’s last settlement offer to you (if any), EA will pay you 150% of your arbitration award, up to $5000 over and above your arbitration award. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to your satisfaction by logging into our customer support interface with your EA Account at help.ea.com, support.popcap.com (for PopCap products) or swtor.com/support (for Star Wars™: The Old Republic).  In the unlikely event that EA cannot resolve a concern to your satisfaction (or if EA cannot resolve a concern it has with you after attempting to do so informally), then you and EA agree to be bound by the following procedure to resolve any and all disputes between us.  This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland, the Member States of the European Union, and the Republic of Korea.  By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action.  This agreement is intended to be interpreted broadly.  The arbitrator, and not any local, state or federal court, has the exclusive authority to resolve any and all disputes arising between us, including any dispute relating to the interpretation, scope, enforceability, or formation of this agreement to arbitrate, including but not limited to any claim that all or any part of this agreement to arbitrate is unenforceable.  This Section covers any and all disputes between us (“Disputes”), including without limitation: - claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; - claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising); - claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and - claims that may arise after the termination of this Agreement. The only disputes that are not covered by this Section are the following: - a claim to enforce or protect, or concerning the validity of, any of your or EA’s (or any of EA’s licensors’) intellectual property rights; - a claim related to, or arising from, allegations of theft, piracy, or unauthorized use of intellectual property; - if you reside in Australia: a claim to enforce any statutory consumer rights to which you are entitled under the Australian Consumer Law; and - in addition, nothing in this Section shall prevent either party from initiating a small claims court action. References to "EA," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us.  This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.  This agreement to arbitrate provision shall survive termination of these Terms of Service. A.    Informal Negotiations/Notice of Dispute.  You and EA agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration.  Such informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”).  Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand").  EA will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us.  You will send your Notice of Dispute to: Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City CA 94065, ATTENTION: Legal Department. B.    Binding Arbitration.  If you and EA are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or EA may elect to have the Dispute finally and exclusively resolved by binding arbitration.  Any election to arbitrate by one party shall be final and binding on the other.  YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND EA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.  The arbitration shall be administered by the American Arbitration Association ("AAA) under its Commercial Arbitration Rules and, where appropriate, its Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org.  Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.  If such costs are determined by the arbitrator to be excessive, or if you send EA a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then EA will promptly pay all arbitration fees and expenses.  The arbitration may be conducted in person, through the submission of documents, by phone or online.  The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party.  The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.  You and EA may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. C.    Restrictions.  You and EA agree that any arbitration shall be limited to the Dispute between EA and you individually, regardless whether the relief sought is monetary or injunctive relief, and any relief awarded in arbitration shall be applicable only to you in your individual capacity.  To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) no Dispute shall be arbitrated on a class basis or utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or on behalf of any person other than yourself. YOU AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EA agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.  If this specific provision is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void. D.    Location.  If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you.  For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and EA agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.  E.    Recovery and Attorneys’ Fees.  If the arbitrator rules in your favor on the merits of any claim you bring against EA and issues you an award that is greater in monetary value than EA's last written settlement offer made before written submissions are made to the arbitrator, then EA will: - Pay you 150% of your arbitration award, up to $5,000 over and above your arbitration award; and - Reimburse all of the filing, administration, and arbitrator fees that you paid to the AAA.  Each party will be responsible for its own attorneys’ fees and related expenses (including expert witness fees and costs), but the arbitrator will have authority to award attorneys’ fees and expenses if such an award is available under applicable law.  EA waives any right it may have to seek an award of attorneys’ fees and expenses in connection with any arbitration between us. F.    Limitation on Arbitrator’s Authority.  The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. G.    Changes to This Provision.  EA will not enforce material changes to this agreement to arbitrate against account holders absent express agreement to the changed terms. 21. Entire Agreement The Terms of Service (including the EA Privacy and Cookie Policy and other Supplemental Terms incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and EA relating to your rights and obligations in the use of EA Services.  If there is any conflict between the Terms of Service and any other rules or instructions posted on an EA Service, EA shall resolve the conflict in its sole discretion. 22. Notice to California Residents  Pursuant to Cal. Civil Code § 1789.3, please note that (a) EA is located at 209 Redwood Shores Parkway, Redwood City, CA 94065, (b) The fees and charges for EA Services vary depending on the services selected by you, and (c) If you have a complaint regarding EA Services or desire further information on use of EA Services, visit EA's Customer Support web pages at help.ea.com, support.popcap.com (for PopCap products) or swtor.com/support (for Star Wars™: The Old Republic).  For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210. Bookmark terms.ea.com and visit this site regularly for updates to EA Terms of Service. 23. Supplemental Terms Additional Terms and Conditions for Specific EA Services Certain EA Services may require you to read and agree to terms and conditions that are specific to that EA Service.  Your right to use that EA Service is subject to those specific terms and this Terms of Service.  If there are any inconsistencies between the specific terms and these terms, EA will be the final and sole arbiter of any such inconsistencies. Nintendo Network Services User Agreement and Privacy Policy The Nintendo Network Services User Agreement and Privacy Policy continue to apply in their entirety and govern your conduct while accessing EA Services through the Wii U console.  To the extent that the Nintendo Network Services User Agreement conflicts with the EA Terms of Service, the Nintendo Network Services User Agreement is controlling.  EA remains solely responsible for the operation and content of the EA Services. The Xbox Live® Terms of Use The Xbox Live® Terms of Use continue to apply in their entirety and govern your conduct while accessing EA Services through Xbox Live®.  To the extent that Xbox Live® Terms of Use conflict with the EA Terms of Service, the Xbox Live® Terms of Use control.  EA is solely responsible for the operation and content of EA Services.  Microsoft may collect and use information about you and your use of Xbox Live® while accessing EA Services through Xbox Live®.  Microsoft's use and collection of such information is governed by the Xbox Live® Privacy Statement (available at xbox.com or by calling 1-800-4MY-XBOX).  BY ACCESSING EA SERVICES THROUGH Xbox Live® YOU HEREBY AGREE THAT MICROSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU MAY SUFFER WHILE ACCESSING EA SERVICES THROUGH THE Xbox Live® SERVICE, AND YOU HEREBY WAIVE ANY AND ALL CAUSES OF ACTION AND CLAIMS THAT YOU MIGHT BE ABLE TO ASSERT AGAINST MICROSOFT ARISING OUT SUCH DAMAGES OR YOUR USE OF EA SERVICES.  EA is solely responsible for providing all customer support and billing for services obtained through EA Services. EA Online Service for the PlayStation®2 computer entertainment system - Statement by Sony Computer Entertainment (North America) "DNAS" This Software uses "DNAS" (Dynamic Network Authentication System), a proprietary authentication system created by Sony Computer Entertainment Inc. ("SCEI"). "DNAS" retrieves information about a user's hardware and software for authentication, copy protection, account blocking, system, rules, or game management and other purposes. The information collected does not identify the user personally and will not be shared with any non-SCE company. A PUBLISHER CAN COMBINE THIS INFORMATION WITH PERSONALLY IDENTIFYING INFORMATION FROM THE PUBLISHER'S RECORDS IF THE USER PROVIDES THE PERSONALLY IDENTIFYING INFORMATION. BEFORE PROVIDING ANY PERSONAL INFORMATION TO A PUBLISHER, PLEASE BE SURE TO REVIEW THE PUBLISHER'S PRIVACY POLICY AND TERMS AND CONDITIONS OF USE. DO NOT PROVIDE PERSONALLY IDENTIFYING INFORMATION TO A PUBLISHER UNLESS YOU ACCEPT THE CONDITIONS OF USE AND TERMS OF THEIR PRIVACY POLICY.  SCEI, Sony Computer Entertainment America ("SCEA") and their affiliates cannot guarantee the continuous operation of the "DNAS" servers. SCEA shall not be liable for any delay or failure of the "DNAS" servers to perform. If you receive a message during login identifying a "DNAS" authentication error, please contact SCEA Consumer Services at 1-866-466-5333. For additional information concerning "DNAS", visit www.us.playstation.com/DNAS. In the event of a system's incompatibility or inoperability with DNAS, the sole liability of SCEI, SCEA and their affiliates shall be limited to the repair or replacement of the user's affected game software, system or peripherals at the option of SCEA. SCEA, its parents, affiliates, or licensed Publishers shall not be liable for any delays, system failures, authentication failures, or system outages, which may, from time to time, affect online game play or access thereto. - Statement by Sony Computer Entertainment (Europe) This Software uses "DNAS" (Dynamic Network Authentication System), a proprietary authentication system created by Sony Computer Entertainment Inc. ("SCEI"). "DNAS" retrieves information about a user's hardware and software for authentication, copy protection, account blocking, system, rules, or game management and other purposes. SCEI, Sony Computer Entertainment Europe ("SCEE") and their affiliates cannot guarantee the continuous operation of the "DNAS" servers. SCEE shall not be liable for any delay or failure of the "DNAS" servers to perform. If you receive a message during login identifying a "DNAS" authentication error, please contact your local PlayStation Customer Care line on the number provided in the software manual. For additional information concerning "DNAS", refer to PlayStation.com. In the event of a systems incompatibility or inoperability with DNAS, the sole liability of SCEI, SCEE and their affiliates shall be limited to the repair or replacement of the user's affected, game software, system or peripherals at the option of SCEE. SCEE, its parents, affiliates, or licensed Publishers shall not be liable for any delays, system failures, authentication failures, or system outages, which may, from time to time, affect online game play or access thereto. - Statement by Sony Computer Entertainment (Japan) for Privacy Policy & Network This Software uses Network Authentication System.  Network Authentication System retrieves information about a user's hardware and software for authentication, copy protection, account blocking, system, rules, or game management and other purposes. The information collected does not identify the user personally. Electronic Arts can combine this information with personally identifying information from Electronic Arts' records if you provide the personally identifying information. Before providing any personal information to Electronic Arts, please be sure to review Electronic Arts' privacy policy and terms and conditions of use. Do not provide personally identifying information to Electronic Arts unless you accept the conditions of use and terms of their privacy policy. EA Online Service for the PlayStation®3 and PlayStation®4 computer entertainment systems The "PlayStation Network" Terms of Service continue to apply in their entirety and govern your conduct while accessing EA Online through the "PlayStation Network". Any conflict between the EA Terms of Service and the "PlayStation Network" Terms of Service and User Agreement shall be resolved in favor of the "PlayStation Network" Terms of Service and User Agreement. PlayStation®Store Purchases in Europe Any content purchased in an in-game store will be purchased from Sony Network Entertainment Europe Limited ("SNEE") and be subject to "PlayStation Network" Terms of Service and User Agreement which is available on the PlayStation®Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game. PlayStation®Store Purchases in USA and Canada Purchase and use of items are subject to the "PlayStation Network" Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Computer Entertainment America. Adobe® Products Adobe® Flash® Player. Copyright © 1996 - 2012. Adobe Systems Incorporated. All Rights Reserved. Patents pending in the United States and other countries. Adobe and Flash are either trademarks or registered trademarks in the United States and/or other countries. Adobe® Shockwave® Player. Copyright © 1996 - 2012. Adobe Systems Incorporated. All Rights Reserved. Adobe and Shockwave are either trademarks or registered trademarks in the United States and/or other countries. Adobe® AIR™. Copyright © 2007 - 2012. Adobe Systems Incorporated. All Rights Reserved.  Adobe and Adobe AIR are either trademarks or registered trademarks in the United States and/or other countries. ELECTRONIC ARTS PRIVACY AND COOKIE POLICY By registering for an EA Account (formerly known as an Origin Account) ("Account"), using this site and/or any of EA's online or mobile products and services, you agree to EA's Privacy Policy and that we may transfer and store your information in the USA. By registering, you agree that EA may process your data in accordance with the following privacy policy and that you will abide by EA's Terms of Service. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE ANY EA SITE, ONLINE OR MOBILE PRODUCT OR SERVICE. If we change our privacy policy, we will post those changes to this privacy statement, the home page or other places so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material or significant changes to this policy or the way we use your child's information, we will notify you or the parent/guardian here, by email, or by means of a notice on our home page prior to the changes taking effect. Your continued use of our online and mobile products and services will signify your acceptance of the changes to our online Privacy Policy. TABLE OF CONTENTS I. EA Online And Mobile Privacy Policy: Introduction II. EA's Site Is TRUSTe Certified III. What Is Personal Information And When Does EA Collect It? IV. What Is Non-Personal Information And When Does EA Collect It? V. Information Provided to EA By Third Parties. VI. What Happens To The Information EA Collects? VII. Where Is The Information Held? VIII. How Does EA Protect Your Personal Information? IX. Review, Correction of Your Information, Requesting Removal From Mailing Lists And Deactivating Your Account X. A Special Note About Children XI. Public Information Including User Generated Content, Online Forums, Blogs And Profiles XII. Third Party Sites XIII. Products Offered In Partnership With Third Party(s) XIV. Contact Information & Complaints Process XV. California Residents: Your California Privacy Rights XVI. Dispute Resolution By Binding Arbitration I.    EA Online And Mobile Privacy Policy: Introduction EA and its subsidiary companies know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. We respect the privacy rights of consumers and recognize the importance of protecting the information collected about you. We have adopted this global online Privacy Policy to explain how we store and use personal and non-personal information we collect online on our websites, during your use of our online products and/or services (including online game play) and on mobile platforms. This policy does not cover information provided online in response to job postings. Please review the EA Jobs Data Privacy Statement on EA's jobs site at www.jobs.ea.com for further information.  If you reside in the United States, Canada or Japan, these terms are an agreement between you and Electronic Arts Inc.  If you reside in any other country, then these terms are an agreement between you and Electronic Arts Swiss Sàrl. This policy also applies to TRUSTe certified EA Websites. To view a list of these Validated EA Websites, please visit www.TRUSTe.com. In addition, EA owns several other domain names that point to the websites referenced above. We may also add new sites that are subject to this privacy policy and that list will be updated to include those. Please note that this policy applies only to sites maintained by EA, and not to websites maintained by other companies or organizations to which we link. EA complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from European Union member countries and Switzerland.   EA has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the Safe Harbor program, and to view EA's certification, please visit http://www.export.gov/safeharbor. II.    EA's Site Is TRUSTe Certified EA has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's Privacy Program Requirements available at truste.com including transparency, accountability and choice regarding the collection and use of your personal information.  TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. III.    What Is Personal Information And When Does EA Collect It? EA collects both personal and non-personal consumer information. Personal information collected by EA is discussed below in this section. Non-personal information is discussed below in Section IV. Personal information is information that identifies you and that can be used alone, to contact you on-line or off-line. EA may collect personal information from our online visitors during: - Contest registration and prize acceptance; - Warranty registration and requests; - Customer support and/or technical service requests; - Player match up and other head-to-head online competitions; - Registration for games and/or special game-specific events; - Newsletter subscriptions, referral services, and other marketing surveys and email campaigns; - Registration for Origin and/or other service accounts; - Creation of a personal profile; - Product, service and/or subscription orders; - Service requests from third party service providers on our site; - Access to our products and/or services on social networks or other third party services; and - Otherwise through use of our software, mobile or online services where personal information is required for use and/or participation. Information collected will vary depending upon the activity and may include your name, email address, phone number, home address, birth date, mobile phone number and credit card information. Visitors to EA Mobile may be asked to provide the name of their mobile service carrier, model of their mobile phone and a valid mobile number so that we may provide purchase instructions directly to their mobile phone. In that context, your mobile number will only be used to send you a text message with a link to download your game and will not be retained for any other purpose. Prize winners may be required to provide their Social Security or other identification number for tax purposes, and will be used only for prize fulfillment. IV.    What Is Non-Personal Information and When Does EA Collect It? Non-personal information, alone, cannot be used to identify or contact you. EA collects non-personal information about your use of our online and mobile products and services both on our website and in the course of game play and software usage (on PC, mobile and game system platforms). We will retain your information for as long as your EA Account is active or as needed to provide you services. If you wish to cancel your EA Account or request that we no longer use your information contact the Privacy Policy Administrator in your country listed on our site at privacyadmin.ea.com, or if your country is not listed, by contacting the Privacy Policy Administrator in the United States.   There may be instances where we are legally required to retain your information. A. What Types of Non-Personal Information Does EA Collect? When you use EA online and mobile products and services or you play our games on your PC or game system, we may collect certain non-personally identifiable information for purposes including improving our products and services, troubleshooting bugs, providing services to you, facilitating the provision of software updates, dynamically served content and product support as well as communicating with you. The non-personal information collected may include demographic information including gender, age, zip code, information about your computer, hardware, software, platform, game system, media, mobile device, including unique device IDs or other device identifiers, incident data, Internet Protocol (IP) address, network Media Access Control (MAC) address and connection. We also collect other non-personal information such as username, user ID or persona, feature usage, game play statistics, scores and achievements, user rankings, time spent playing our games, and click paths as well as other data that you may provide in surveys, via your account preferences and online profiles such as friends lists or purchases, for instance. We may also receive information from third parties in connection with market and demographic studies and/or other data that we use to supplement personal information provided directly by you. B. How Does EA Collect Non-Personal Information? EA collects non-personal information along with personal information when you actively provide it in the context of various online and mobile activities including online and mobile purchases, game registration and marketing surveys, for instance. In addition, we and other third parties use cookies and other technologies to passively collect non-personal demographic information, personalize your experience on our sites and monitor advertisements and other activities as described below.  We may also derive from the information collected other facts, such as determining the applicable tax rate based on your IP address. 1. Cookies Cookies are small files applied to your Internet browser to track movements within websites. We may link cookie information to personal information. Cookies link to information regarding what items you have selected for purchase at our store, pages you have viewed, or games you have played. This information is used to keep track of your shopping cart and make sure you don't see the same ad repeatedly, for example. Also, we use cookies to deliver content specific to your interest and to monitor website or game usage. We and third parties collect information on what games are played, how much time is spent playing the games and which ads or links are clicked. Some of our sites use an outside ad company to display ads. These ads contain cookies. Cookies received with banner ads are applied by our ad companies, and EA does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent. However some areas of our sites will not function properly if you do so. You can set your web browser to warn you about attempts to place cookies on your computer, or limit the type of cookies you allow. For more information concerning how to disable your cookies, please visit help.ea.com.   We and other third parties may also use flash cookies, also known as "local shared objects," on our sites that employ Flash technology. Flash cookies are small files similar to browser cookies and are used to remember the site's settings to personalize the look and feel of the site. Like normal cookies, Flash cookies are represented as small files on your computer. One method of preventing Flash cookies from being placed is to adjust your preferences in the Macromedia Website Privacy Settings Panel at www.macromedia.com. If you disable cookies, you may lose some of the features and functionality of playing our games, as cookies are necessary to track and enhance your game activities. Please note that companies delivering advertisements in our games or on our websites may also use cookies or other technologies, and those practices are subject to their own policies. Please note that this privacy policy covers the use of cookies by EA only and does not cover the use of cookies by any advertisers. 2. Clear GIFs And Tracking Pixels Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an email message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or email message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.  We and third parties may also use tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages or identifying the source of a new installation. 3. Internet Log Files EA and other third parties also may maintain log files which contain IP addresses. An IP address is a numeric address that may be assigned to your computer by your Internet Service Provider. In general, we use log files to monitor traffic on our websites, to troubleshoot technical problems and authenticate users' entitlements to our products. In the event of user abuse of our websites, however, we may block certain IP addresses or game system IDs provided by our licensed hardware manufacturers. If available, IP addresses and game system IDs may be used in order to enforce our Terms of Service. 4. Analytic Metrics Tools and Other Technologies EA also uses its own proprietary analytic metrics tool and other third party analytics technologies to collect information when you use our online products and services and/or play our games on your PC, game system and/or mobile device. These tools and technologies use server log files, web beacons, cookies, tracking pixels and other technologies to collect and analyze certain types of information, including cookies, IP addresses (including for purposes of determining your approximate geographic location), mobile or other hardware device ID or other device identifiers, browser types, browser language, information passed from your browser (if any), referring and exit pages, and URLs, platform type, click information, information about your media, peripheral hardware, software and/or applications installed on your machine and/or device, domain names and types, landing pages, pages viewed and the order of those pages, advertising conversion rates, the date and amount of time spent on particular pages, other Internet and website usage information, game state and the date and time of activity on our websites or games, information about how your game is used, including game metrics and statistics, feature usage and purchase history, as well as unique hardware identifiers such as MAC Address, mobile unique device ID (if applicable) and other similar information. The third party analytics companies who collect information on our sites and in the context of our online and mobile products and/or services, and other similar companies like Facebook in connection with the Facebook "Like" button, may combine the information collected with other information they have independently collected from other websites and/or other online or mobile products and services relating to your activities across their network of websites as well as online and/or mobile products and services. Many of these companies collect and use information under their own privacy policies. Some EA websites and services use Google Analytics, a web analytic service offered by Google Inc. ("Google"). Google Analytics uses "Cookies", text files that are stored on your PC and that enables the analysis of your usage of this website. The information about your usage of websites, collected through these cookies, will be transmitted to and stored on Google server based in the US.  On behalf of EA, Google will use this information in order to evaluate your usage of this websites, to make reports on website activities and/or to provide the website operator with other services related to this websites. Your IP-address collected by Google Analytics will not be matched up with other data of Google. You may prevent the installation of cookies by adjusting your browser settings.  Please note that if you disable cookies, it is possible that you may not use all functionalities of EA's websites. You may also prevent the cookies from collecting and storing your information by downloading and installing the following browser-plugin under the following link http://tools.google.com/dlpage/gaoptout?hl=en. A non-exclusive list of the other analytics companies that operate their own technologies on our sites and online and/or mobile products and/or services can be found at privacyappendix.ea.com. 5. Ad Serving Technology EA's websites, online or mobile products or services may employ proprietary or third party ad serving technologies that use cookies, clear GIFs, web beacons, tracking pixels or other technologies to collect information as a result of ad serving through our products or services as well as to help track results.  Some dynamic in-game advertisement serving technology enable advertising to be temporarily uploaded into your game, web browser or mobile device and replaced while you are online.  We or third parties operating the advertisement serving technology may use information such as age and gender as well as information logged from your hardware or device to ensure that appropriate advertising is presented within the site, online or mobile product or service  and to calculate or control the number of unique and repeat views of a given ad, and/or deliver ads that relate to your interests and measure the effectiveness of ad campaigns.   We or third parties may collect data for this purpose including IP address (including for purposes of determining your approximate geographic location), device ID's, information about your software, applications and hardware, browser information (and/or information passed via your browser), hardware, machine or device make and model, advertisement(s) served, in game location, length of time an advertisement was visible, other Internet and website usage information, web pages and mobile internet sites which have been viewed by you (as well as date and time), domain type, size of the advertisement, advertisement response (if any), and angle of view.  The foregoing data may be used and disclosed per this policy and the privacy policy of the company providing the ad serving technology. The advertising companies who deliver ads for us may combine the information collected or obtained from EA with other information they have independently collected from other websites and/or other online or mobile products and services relating to your web browser's activities across their network of websites. Many of these companies collect and use information under their own privacy policies. A non-exclusive list of ad serving companies that operate their own networks on our sites and online and/or mobile products and/or services can be found at privacyappendix.ea.com. For more information about the practices of other large ad serving companies that may collect information based on your interaction with ads on this site, in our mobile products, and other sites or products not owned/managed by EA, or to "opt out" of targeted advertising delivered by National Advertising Initiative (NAI) member ad networks, you should visit www.networkadvertising.org. For more information about targeted advertising within our mobile products or to opt out, see the appendix to this policy at privacyappendix.ea.com. These ad serving technologies are integrated into our sites, online or mobile products and services; if you do not want to use this technology, do not play. 6. Anti-Cheat and Fraud Prevention Technologies EA strives to provide a safe and fair gaming environment to all players of its games. To prevent fraudulent activities and behaviors that may negatively affect the experiences of a player, EA is authorized to use "anti-cheating" software, or applications for the prevention of fraud for our internet presence, during the use of our online products and/or services (including online games), and mobile platforms. At login to EA online products and/or services, during the setup of an EA Account, and/or at the point of sale, EA may collect data about your device in order  to create a hash of machine components.  Information collected for this purpose shall not be stored in retrievable form.  EA uses the collected information for the prevention of fraud, and for authentication purposes. EA may consolidate the machine hash created for this purpose with your EA Account; data consolidated this way will not be shared with any other third party, and will be used exclusively for security, fraud prevention and authentication purposes by EA. V.    Information Provided To EA By Third Parties. EA also obtains personal and non-personal information from third parties as discussed below.  EA only uses this data for purposes consistent with this policy. 1. PlayStation®3 and PlayStation®4 computer entertainment systems If you sign up to play EA games through a PlayStation®3 or PlayStation®4 computer entertainment system, your Sony Entertainment Network account information will be provided to EA so that we can establish an EA Account for you. You need an EA Account to play EA's titles online. By signing up to play EA's titles, you agree that limited user account information can be transferred to EA. Information transferred to EA includes your name, email address, online ID, country, language and date of birth but does not include credit card number or other financial account information. 2. Xbox Live If you sign up to play EA games through Microsoft's Xbox Live Service, Microsoft will provide your Xbox Live user account information to EA so that we can establish an EA Account for you. You need an EA Account to play EA's Xbox Live titles. By signing up to play EA's Xbox Live titles, you agree that Microsoft can transfer your user account information to EA. Information transferred from Microsoft to EA includes your Gamertag, email address, state or province, country, language and age but does not include credit card number or other financial account information. 3. Wii U If you sign up to play EA games through a Nintendo Wii U console, your Nintendo account information will be provided to EA so that we can establish an EA Account for you. You need an EA Account to play EA’s titles online. By signing up to play EA’s titles, you agree that limited user account information can be transferred to EA. Information transferred to EA includes your Mii information, email address, Nintendo Network ID, friend list, country, language and date of birth but does not include credit card number or other financial account information. 4. Other Information Collected From Third Parties EA may also receive other information from third parties, including in connection with the operation and distribution of our products and services as well as market and demographic studies that we use to supplement personal and anonymous information collected or provided directly by you. Some third party services such as Twitter and Facebook may also provide us with information from your accounts there with your permission. By playing an EA game through a social network or other third party platform or service or by connecting to such a third party network, platform or service via one of our products and/or services, you are authorizing EA to collect, store, and use in accordance with this Privacy Policy any and all information that you agreed the social network or other third party platform could provide to EA through the social network/third party platform Application Programming Interface (API) based on your settings on the third party social network or platform. Your agreement takes place when you connect with the third party network, platform or service via our products and/or services, and/or when you connect with, "accept" or "allow" (or similar terms) one of our applications through a social network, or other third party platform or service. EA may also collect or receive information about you from other EA users who choose to upload their email and other contacts.  This information will be stored by us and used primarily to help you and your friends connect. EA may also receive information from third parties in connection with market and demographic studies and/or other data that we use to supplement personal information provided directly by you. VI.    What Happens To The Information EA Collects? A. How EA Uses Your Information EA uses your information to fulfill your specific requests, purchase orders and to send you purchase confirmation and other account-related information. In addition, the personal information you provide will allow us to send you messages about things including new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest. You may also later opt out of such communications sent via email. Otherwise, EA uses personal and non-personal information, both individually and combined together, to better enhance your user experience, improve our products and services, understand the behavior and preferences of our customers, to troubleshoot technical problems, to serve advertising, for authentication purposes, to enforce our Terms of Service, to ensure proper functioning of our products and services as well as to help improve them. In addition, we combine non-personal information with personal information, such as an email address, for purposes including providing excellent customer service, administering loyalty programs and tailoring our communications, offerings, web pages or game play experience to you. By use of friend finder tools such as Facebook, Game Center or other third party services in our online and mobile products and services, you acknowledge that use of these friend finder tools will help you find your contacts and will also allow your contacts to associate your EA Account (and related gaming entitlements, including games played on PC, mobile and console platforms) with your social networking profile and/or email address. Your resulting friends' list, which may be accessible across EA social platforms as available, will be subject to this privacy policy.  Note that the friends that you choose to include on any EA or Origin friends' list may be able to find and/or identify you in the context of different EA products and services, and see the profiles you have established. Those friends may also be able to see the online personas that you use across EA's suite of products and services.  Choose your friends carefully. If you choose to use our referral service to "Tell a Friend" about an EA product or site, we will ask you for your friend's name and email address. We will send your friend an email on your behalf inviting him or her to visit the site or check out our product. EA stores your friend's name and email for a short period for the sole purpose of sending this email and for redundancy checking, to be sure that your friend does not receive multiple copies of the same email message. We do not keep or use this information for any other purpose. Your participation in tournaments or other online game events is also conditional upon our collection, use, storage, transmission and public display of statistical data (such as your scores, rankings and achievements) generated through your participation. B. Will EA Share My Information With Third Parties? EA will never share your personally identifiable information with third parties without your consent.   We may, however, share non-personally identifiable, aggregated and/or public information with third parties.  There may be circumstances where you may share information on your own.  Please see section XI for more details about your rights to information you share publicly on EA including user generated content, forums, blogs, and profiles. You may also opt in to allow EA to share your personal information with companies and organizations that provide products or services that we believe may be of interest to you. To opt out of further communications from a marketing partner or sponsor with whom your information has been shared, please contact that partner or sponsor directly. EA does not disclose any personal information about children under 18 years of age who have registered on any of our websites to third parties, or share or disclose personal information other than as set forth in this policy, provided however, that in the event of a merger, acquisition, or the unlikely event of bankruptcy, management of EA customer information may be transferred to its successor or assign regardless of age. From time to time, EA employs third party contractors to collect personal information on our behalf to provide email delivery, product, prize or promotional fulfillment, contest administration, credit card processing, shipping or other services on our sites. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address to our contractors. We ask some third party contractors, such as credit agencies, data analytics or market research firms, to supplement personal information that you provide to us for our own marketing and demographic studies, so that we can consistently improve our sites and related advertising to better meet our visitors' needs and preferences. To enrich our understanding of individual customers, we tie this information to the personal information you provide to us. When our third party agents or service providers collect and/or have access any information other than non-personal, anonymous and/or aggregated data, EA requires that they use data consistently with our stated privacy policy. These third parties are prohibited from using your personal information for any other purpose without your specific consent. You will be notified before your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party. We may also access and disclose personal information, including personal communications, in connection with report abuse functions in our products and services, to enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on EA. Note that certain publically available information you post and communicate on our and third party sites and services is public information for which you have no expectation of privacy.  See Section XI for more details. VII.    Where Is The Information Held? Personal Information we collect may be stored and processed for the purposes set out in this Privacy Policy in the United States or any other country in which EA, its subsidiaries, or third party agents operate. By using our products, you consent that your personal information may be transferred to recipients in the United States and other countries that may not offer the same level of privacy protection as the laws in your country of residence or citizenship. We comply with the U.S.-Swiss Safe Harbor Framework for the collection, use, and retention of data from Switzerland. We have certified that we adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification, please visit http://www.export.gov/safeharbor.  Where necessary, EA adopts contractual measures to adequately protect Personal Information transferred outside of the EEA in line with relevant laws. VIII.    How Does EA Protect Your Personal Information? EA understands the importance of keeping your information safe and secure. EA will make commercially reasonable efforts to protect your personal information and ensure the security of our systems. When you enter sensitive financial information (such as a credit card number) on our order forms, we encrypt the transmission of that information using commercially reasonable methods. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. We cannot guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We cannot assume responsibility or liability for unauthorized access to our servers and systems. IX.    Review, Correction Of Your Information, Requesting Removal From Mailing Lists And Deactivating Your Account You can correct or update your account information at any time by logging on our site and navigating to "My Account," and viewing your "Basic Information" or other account settings. Should you be unable to log in or wish to have your account(s) deactivated, contact the Privacy Policy Administrator in your country as listed on our site at privacyadmin.ea.com, or if your country is not listed, by contacting the Privacy Policy Administrator in the United States. We will be happy to review, update or remove information as appropriate. We may still retain your information in our files however, to resolve disputes, enforce our user agreement, and due to technical and legal requirements and constraints related to the security, integrity and operation of our websites. Some EA sites or services may collect personal information that is not accessible via our site. However, in such cases, you may be able to access that information through alternative means of access described by the service or by writing your local privacy policy administrator at privacyadmin.ea.com and you will be contacted within 30 days regarding your request. If you've granted EA access to your Facebook account information through an EA or Playfish application, you may request that EA delete your Facebook information by contacting the Privacy Policy Administrator listed at privacyadmin.ea.com and specifying the Facebook application used.  Note that as a result of deleting your data associated with an application on Facebook, you will no longer have access to that application. X.    A Special Note About Children Many EA online or mobile products and services are intended for general audiences and do not knowingly collect any personal information from children. When an EA online or mobile product or service does request age information, and users identify themselves as under 13, the product or service will either block such users from providing personal information, or we will ensure consent is obtained from parents for the collection, use and sharing of their children's personal information. At that time, we will provide a description of the information that the child may make publically available, how we will use the information and other practices. We will not knowingly ask children under the age of 13 to provide more information than is reasonably necessary to provide our services. Please note that if you grant consent for your child to use EA's online or mobile products and services, this may include such general audience communication services as email, instant messaging, and online groups, and your child will be able to communicate with, and disclose personal information to, other users of all ages. Parents can review, edit, request the deletion, or prevent further collection or use of their children's personal information or make inquiries regarding this policy by sending an email to privacy_policy@ea.com; writing to Privacy Policy Administrator, 209 Redwood Shores Parkway, Redwood City, CA 94065; or calling (650) 628-1393.  Alternatively, you may also contact the appropriate Privacy Policy Administrator for your country listed at privacyadmin.ea.com. If we change this privacy statement in a way that expands the collection, use or disclosure of children's personal information to which a parent has previously consented, the parent will be notified and we will be required to obtain the parent's additional consent. We encourage you to talk with your children about communicating with strangers and disclosing personal information online. You and your child should review our Online Safety web page for additional information about using the Internet safely. Information collected is secured in a manner consistent with this privacy policy (see Section VIII above). If we change how we handle your child's information, we will notify you in a manner consistent with this policy. Under no circumstances do we condition a child's participation in an activity—like contests—on the child's disclosure of more personal information than is reasonably necessary to participate in the activity. On certain sites, we may not permit children to participate at all regardless of consent. XI.    Public Information Including User Generated Content, Online Forums, Blogs And Profiles You may choose to disclose information about yourself in the course of contributing user generated content to EA sites or games or in our online chat rooms, blogs, message boards, user "profiles" for public view or in similar forums on our sites and/or on third party sites. Information that you disclose in any of these forums is unencrypted, public information, may be accessed or recorded by EA employees, and there is no expectation of privacy or confidentiality there.  You should be aware that any personally identifiable information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to make public in any of these forums. Note also that in the ordinary course of Internet activity, certain information may be sent from your browser to third parties such as advertising networks and analytics companies.  EA has no control over the information sent from your browser to those networks or other third parties and recommends that you ensure that your browser settings prevent the disclosure of information you would not like to share. If you post a video, image or photo on one of our sites for public view you should be aware that these may be viewed, collected, copied and/or used by other users without your consent. We are not responsible for the videos, images or photos that you choose to submit to EA's site. Please see our Terms of Service at terms.ea.com on this point and for other guidelines about posting content on our websites. XII.    Third Party Sites. Our website may contain advertising or services which link to other websites such as Twitter, Facebook and YouTube. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. If you click on a link to a third party site, including on an advertisement, you will leave the EA site you are visiting and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as EA. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to an EA site, you should consult that site's privacy policy before providing any personal information. XIII.    Products Offered In Partnership With Third Party(s) Members may register for other services from our site(s). Certain products and/or services available on our site are provided to you in partnership with third party(s) and may require you to disclose personally identifiable information in order to register for and access such products and/or services. Such products and/or services shall identify the third party partners at the point of registration. If you elect to register for such products and/or services your personally identifiable information will be transferred to such third party(s) and will be subject to the privacy policy and practices of such third party(s). We are not responsible for the privacy practices and policies of such third party(s) and, therefore, you should review the privacy practices and policies of such third party(s) prior to providing your personally identifiable information in connection with such products and/or services. XIV.    Contact Information & Complaints Process If you have questions or concerns regarding this statement, you should first contact the EA Privacy Policy Administrator for the country in which you reside at the email address or postal address specified at privacyadmin.ea.com. If your country is not listed, please contact the United States' Privacy Policy Administrator or write to Privacy Policy Administrator, Electronic Arts Inc., 209 Redwood Shores Pkwy, Redwood City, CA 94065. If your inquiry is not satisfactorily addressed, you should contact TRUSTe here or at https://feedback.truste.com as instructed above. TRUSTe will then serve as a liaison with us to resolve your concerns. Please note that the TRUSTe program only covers information that is collected through this Website, and does not cover information that may be collected through any software downloaded from this Website. For more information and updates to our online Privacy Policy, visit privacy.ea.com. XV.    California Residents: Your California Privacy Rights Under California law, California Residents who have an established business relationship with Electronic Arts Inc. (EA) or one of its subsidiaries may choose to opt out of EA disclosure of personal information about them to third parties for direct marketing purposes. As detailed above, our policy is not to disclose personal information collected online to a third party for direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, email privacy_policy@ea.com or write to Privacy Policy Administrator, Electronic Arts Inc., 209 Redwood Shores Pkwy, Redwood City, CA 94065. XVI.    Dispute Resolution By Binding Arbitration The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise.  As discussed below, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater than EA's last settlement offer to you (if any), EA will pay you 150% of your arbitration award, up to $5000 over and above your arbitration award. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to your satisfaction by logging into our customer support interface with your EA Account at help.ea.com.  In the unlikely event that EA cannot resolve a concern to your satisfaction (or if EA cannot resolve a concern it has with you after attempting to do so informally), then you and EA agree to be bound by the following procedure to resolve any and all disputes between us.  This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland, the Member States of the European Union, and the Republic of Korea.  By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action.  This agreement is intended to be interpreted broadly.  This Section covers any and all disputes between us ("Disputes"), including without limitation: - claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; - claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising); - claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and - claims that may arise after the termination of this Agreement. The only disputes that are not covered by this Section are the following: - a claim to enforce or protect, or concerning the validity of, any of your or EA's (or any of EA's licensors') intellectual property rights; - a claim related to, or arising from, allegations of theft, piracy, or unauthorized use; - In addition, nothing in this Section shall prevent either party from initiating a small claims court action. References to "EA," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us.  This arbitration provision evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.  This arbitration provision shall survive termination of these Terms of Service. A. Informal Negotiations/Notice of Dispute.  You and EA agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration.  Such informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute").  Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand").  EA will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us.  You will send your Notice of Dispute to: Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City CA 94065, ATTENTION: Legal Department. B. Binding Arbitration.  If you and EA are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or EA may elect to have the Dispute finally and exclusively resolved by binding arbitration.  Any election to arbitrate by one party shall be final and binding on the other.  YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND EA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.  The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org.  Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.  If such costs are determined by the arbitrator to be excessive, or if you send EA a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then EA will promptly pay all arbitration fees and expenses.  The arbitration may be conducted in person, through the submission of documents, by phone or online.  The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party.  The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.  You and EA may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. C. Restrictions.  You and EA agree that any arbitration shall be limited to the Dispute between EA and you individually.  To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EA agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.  If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. D. Location.  If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you.  For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and EA agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. E. Recovery and Attorneys' Fees.  If the arbitrator rules in your favor on the merits of any claim you bring against EA and issues you an award that is greater in monetary value than EA's last written settlement offer made before written submissions are made to the arbitrator, then EA will: - Pay you 150% of your arbitration award, up to $5,000 over and above your arbitration award; and - Pay your attorney, if any, the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium"). The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. The right to attorneys' fees and expenses discussed above supplements any right to attorneys' fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys' fees or costs.  EA waives any right it may have to seek an award of attorneys' fees and expenses in connection with any arbitration between us. F. Limitation on Arbitrator's Authority.  The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. G. Changes to This Provision.  Notwithstanding any provision in this Agreement to the contrary, we agree that if EA makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. ADOBE Personal Computer Software License Agreement 1. WARRANTY DISCLAIMER, BINDING AGREEMENT AND ADDITIONAL TERMS AND AGREEMENTS. 1.1 WARRANTY DISCLAIMER . THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPL IERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, ME RCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOS E. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGRE EMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT. 1.2 BINDING AGREEMENT : By using, copying or distributing all or any portion of the Adobe Software, you accept all the terms and conditions of this agreement, including, in particular, the provisions on: - Use (Section 3); - Transferability (Section 5); - Connectivity and Privacy (Section 7), including: - Updating , - Local Storage , - Settings Manager , - Peer Assisted Networking Technology , - Content Protection Technology , and - Use of Adobe Online Services ; - Warranty Disclaimer (Section 1.1), and; - Liability Limitations (Sections 10 and 17). Upon acceptance, this agreement is enforceable against you and any entity that obtained the Software and on whose behalf it is used. If you do not agree, do not Use the Software. 1.3 ADDITIONAL TERMS AND AGREEMENTS . Adobe permits you to Use the Software only in accordance with the terms of this agreement. Use of some third party materials included in the Software may be subject to other terms and cond itions typically found in a separate license agreement, a “Read Me” file located near such ma terials or in the “Third Party Software Notices and/or Additional Terms and Conditions” found at http://www.adobe.com/go/thirdparty . Such other terms and conditions will supersede all or portions of this agreement in the event of a conflict with the terms and conditions of this agreement. 2. Definitions. “Adobe” means Adobe Systems Incorporated, a Dela ware corporation, 345 Park Avenue, San Jose, California 95110, if subsection 12(a) of this ag reement applies; otherwis e it means Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company organized under the laws of Ireland and an affi liate and licensee of Adob e Systems Incorporated. 9.3 Acknowledgement. You ag ree that (a) a digital cert ificate may have been revoked prior to the time of verification, making the digital si gnature or certificate appear valid when in fact it is not, (b) the security or integrity of a digital certificate may be compromised due to an act or omission by the signer of the document, the applicable Certification Authority, or any other third party, and (c) a certificate may be a self-signed certificate not provided by a Certification Authority. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE. UNLESS A SEPARATE WRITTEN WARRANTY IS PROVIDED TO YOU BY A CERTIFICATION AUTHORITY, YOU USE DIGITAL CERTIFICATES AT YOUR SOLE RISK. 9.4 Third Party Beneficiaries. You ag ree that any Certification Authorit y you rely upon is a third party beneficiary of this agreemen t and shall have the right to enforce this agreement in its own name as if it were Adobe. 9.5 Indemnity. You agree to hold Adobe and any appl icable Certification Authority (except as expressly provided in its terms and conditions) harmless from an y and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on, by you or any th ird party that receives a document fr om you with a digi tal certificate, any service of such authority, in cluding, without limitation (a) re liance on an expired or revoked certificate, (b) improper verification of a certificate, (c) use of a certificate other than as permitted by any applicable terms and conditions, this agreement, or applicable law; (d ) failure to exercise reasonable judgment under the circumstances in relying on issuer services or certificates, or (e) failure to perform any of the obligations as required in the te rms and conditions related to the services. 10. Limitation of Liability. IN NO EVENT WILL ADOBE, ITS SUPPLIERS, OR CERTIFICATION AUTHORITIES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFIT S OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISE D OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND CERTIFICATION AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this agreement limits Adobe’s liability to you in th e event of death or personal injury resulting from Adobe’s negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers and Certification Authorities for the purpose of disclaiming, excluding, and/or limiting obligations, warran ties, and liability as provided in this agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific informatio n at the end of this ag reement, if any, or contact Adobe’s Customer Support Department. 11. Export Rules. You agree that the Software will not be shipped, transf erred, or exported into any country or used in any manner prohibited by the United States Export Admini stration Act or any other export laws, restrictions, or regulations (collectivel y the “Export Laws”). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Cuba, and North Korea) and that you are not otherwise pr ohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement. 12. Governing Law. If you are a consumer who uses the Software for only personal non-business purposes, then this agreement will be governed by th e laws of the state in which you purchased the license to use the Software. If you are not such a consumer, this agreement will be governed by and construed in accordance with the substantive laws in force in: (a) th e State of California, if a license to the Software is obtained when you are in th e United States, Canada, or Mexico; or (b ) Japan, if a license to the Software is obtained when you are in Japan; or (c) Singapore, if a license to the Software is obtained when you are in a member state of the Association of Southeast Asian Nati ons, the People’s Republic of China (including Hong Kong S.A.R. and Macau S.A.R.), Taiwan , or the Republic of Kore a; or (d) England, if a license to the Software is obtained when you are in any ju risdiction not described above. The respective courts of Santa Clara County , California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of London, England, when the law of England applies, shall each have non-exclusive jurisd iction over all disputes relating to this agreement. When Singapore law applies, any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference in this section. There shall be one arbitrator , selected jointly by the parties. If the arbitrator is not selected within thirty (30) days of the written demand by a party to submit to arbitration, the Chairman of the SIAC shall make the selection. The language of th e arbitration shall be English. Notwithstanding any provision in this agreemen t, Adobe or you may request any judicial , administrative, or other authority to order any provisional or conservatory measure, including inju nctive relief, specific performance, or other equitable relief, prior to the instit ution of legal or arbitration proceed ings, or during the proceedings, for the preservation of its rights and interests or to en force specific terms that are suitable for provisional remedies. The English version of this agreement will be the versio n used when interpreting or construing this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nation s Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 13. General Provisions. If any part of this agreement is found void and unenfo rceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable accord ing to its terms. Th is agreement shall not prejudice the statutory rights of any party dealing as a consum er. This agreement may only be modified by a writing signed by an authorized offi cer of Adobe. Updates may be licensed to you by Adobe with additional or different terms. This is the entire agreement between Adobe and you relating to the Software and it supersedes any prior represen tations, discussions, unde rtakings, communications, or advertising relating to the Software. 14. Notice to U.S. Government End Users. For U.S. Government End Users, Ad obe agrees to comply with all a pplicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations cont ained in the preceding sentence shall be incorporated by re ference in this agreement. 15. Compliance with Licenses. If you are a business or organiza tion, you agree that upon request from Adobe or Adobe’s authorized representative, you will, within thirty (30) days, fully document and certify that use of any and all Software at the time of the request is in conf ormity with your valid licenses from Adobe. 16. European Union Provisions. Nothing included in this agreement (including Section 4.5) shall limit any non-waivable right to decompile the Software that you may enjoy under mand atory law. For example, if you are located in the European Union (EU), you may have th e right upon certain conditions specified in the applicable law to decompile the Software if it is necessary to do so in order to achieve interope rability of the Software with another software program, and you have first asked Adobe in writing to provide the information necessary to achieve such interoperability and Ad obe has not made such information available. In addition, such decompilation may only be done by y ou or someone else entitled to use a copy of the Software on your behalf. Adobe ha s the right to impose reasonable conditions before providing such information. Any information supplied by Adobe or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substant ially similar to the expression of the Software or used for any other act which infringes Adobe or its licensors’ copyright. 17. Specific Provisions and Exceptions. 17.1 Limitation of Liability for Users Residing in Germany and Austria. 17.1.1 If you obtained the Software in Germany or Aust ria, and you usually reside in such country, then Section 10 does not apply. Instead, subject to the provisions in Section 17.1.2, Adobe’s statutory liability for damages shall be limited as follows: (a) Adobe sha ll be liable only up to the amount of damages as typically foreseeable at the time of entering into the license agreemen t in respect of damages caused by a slightly negligent breach of a ma terial contractual obligation and (b) Adobe shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. 17.1.2 The aforesaid limitation of liability shall no t apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries. 17.1.3 You are required to take all re asonable measures to avoid and re duce damages, in particular to make back-up copies of the Software and your co mputer data subject to the provisions of this agreement. If you have any questions regarding this agreement, or if you wish to request any information from Adobe, please use the address and contact informatio n included with this pr oduct or via the web at http://www.adobe.com to contact the Adobe office serving your jurisdiction. Adobe, Adobe AIR, AIR, Authorware, Flash, Reader, and Shockwave are either re gistered trademarks or trademarks of Adobe Systems Incorporated in the United States and/ or other countries. PlatformClients_PC_WWEULA-en_US-20110809_1357 Electronic Banking Terms and Conditions Section 2: Terms and Conditions Ways to access your account Find out more about the e-banking services available to you, as well as account access methods such as cards, PINs and passwords. Using VoIP What you need to consider when using VoIP (Voice over Internet Protocol). Using NetBank and shopping online Find out more about the special conditions when using NetBank and shopping online. Special conditions apply when using NetBank or the CommBank app on your mobile phone or tablet device Find out more about the special conditions when using NetBank on your mobile phone or tablet device. Using your Debit MasterCard We explain when you can choose the ‘credit’ or ‘savings’ options to access your funds. We also tell you about authorisations, recurring transactions, refunds and claiming a chargeback. Electronic Communication Find out how you can elect to receive notices and account statements electronically if you are a NetBank user and tell us your email address. Making e-banking transactions Why it is important to enter correct information. We also tell you about making a deposit with an ATM, scheduling payments and transfers, when we process e-banking transactions and what happens if electronic equipment does not work. Disputes How we handle complaints and disputes. Safeguarding your account against unauthorised access What you must do to protect your account. Find out more about safeguarding cards, PINs and passwords. Liability for transactions We explain when you are liable for transactions on your account and your liability in the event of unauthorised transactions. Conditions of use for BPAY Terms and Conditions that apply when you use BPAY to pay your bills. What you agree to when using BPAY View Terms and Conditions that apply when you use NetBank to access bills using our BPAY View facility. Changes to Electronic Banking Terms and Conditions When we tell you about any changes we may make to your Terms and Conditions and how we keep you informed. Customer information and privacy How we safeguard your privacy or why the Bank collects and may disclose your personal information. For the meaning of key words included in this section, refer to the 'Meaning of words'. Ways to access your account   To find out more about e-banking or to get help with using electronic equipment, NetBank or Telephone Banking, please refer to 'Where to get help' for contact details. Debit MasterCard purchases Use your Debit MasterCard to pay for purchases wherever Debit MasterCard is accepted worldwide (including by mail order, telephone or online). Debit MasterCard, Keycard and linked credit card access via ATMs Use your Debit MasterCard, Keycard or linked credit card to conduct banking transactions at a wide range of ATMs in Australia, New Zealand, Indonesia and Vietnam. EFTPOS Use your Debit MasterCard or Keycard to pay for purchases or withdraw cash at the same time (at the retailer’s discretion). Maestro/Cirrus and Visa Plus Maestro is an international EFTPOS system. Cirrus and Visa Plus are international ATM networks. Use your Commonwealth Bank Debit MasterCard or Keycard to purchase goods and services, withdraw cash and obtain balances. If you are using your Keycard, just look for the Maestro, Cirrus or Visa Plus logo and if you are using your Debit MasterCard, look for the MasterCard logo. Telephone Banking Use a touch-tone telephone or VoIP to pay bills, obtain information on your accounts, transfer funds to linked accounts, activate your Debit MasterCard, Keycard or credit card and change your password. NetBank NetBank is a quick, cost efficient, simple and secure way to do your banking. With NetBank you can: view your up-to-date account balances and details of NetBank initiated transactions; view balances of your CommSec trading, Colonial First State superannuation*, and all your Car and Home Insurance policies); view balances, and initiate transactions on your Essential Super account and receive notifications; view transaction histories for the last 2 years on your open linked statement accounts including your Home Loans/Investment Home Loans, Mortgage Interest Saver Accounts (MISA) credit card and Debit MasterCard; view your statements for the last 7 years on eligible accounts; redraw funds from your Home Loan/Investment Home Loan or Variable Rate Personal Loan (conditions apply); transfer funds between any NetBank linked accounts. These include transaction and savings accounts, credit card accounts, Home Loans/ Investment Home Loans, Mortgage Interest Saver Accounts (MISA), and Personal Loans; transfer money to other peoples' accounts at the Commonwealth Bank or to selected accounts at other Australian financial institutions (You must key in the correct BSB number and account number - the account name of the recipient does not form part of your payment instructions and will not be used or checked by us in making your payment); make International money transfers to people overseas (minimum transaction amounts apply); set up scheduled and recurring payments - one-off or recurring bill payments and funds transfers can be created to occur on a future date(s) (not available on some accounts); pay your bills using BPAY; view and pay your bills using BPAY View; activate your credit card, Debit MasterCard or Keycard and choose your own PIN; if you are experiencing hardship, financial assistance can be requested for your eligible loan and credit cards (if your personal circumstances have changed); change your card withdrawal limit; change your NetBank payment limits (if you are registered for NetCode) give someone access to your accounts (limitations to account types apply) change your Home or Personal Loan repayment amount or switch to another Home Loan type (conditions apply); manage your Term Deposit maturity instructions online with NetBank; retrieve your NetBank Client Number, change your password, unlock your NetCode Token or SMS, update your Personalised Identification Questions and Answers, address and contact details online without having to call the NetBank Help Desk (some limitations may apply); select an option to remember and partially mask your Client Number on the logon page; open or apply for a wide range of products using simplified applications complete with information we already know about you and upload documentation to support your application (if required); apply for a credit limit increase on an existing credit card or a balance transfer from another financial institution to an existing Commonwealth Bank (conditions apply); get an on the spot decision for a Personal Loan (conditions apply) and receive bank messages to monitor and track the status of your Personal Loan, Term Deposit and Home Loan increase applications; view and redeem your Commonwealth Awards points; customise transaction descriptions for easier statement reconciliation; 'nickname' your accounts and bills for easy reference; import payments into NetBank from a file (such as MYOB) so you don't have to type in all the details; make an appointment with a financial planner or lending specialist; electronically enter into and sign agreements and documents. NetBank for your mobile phone and tablet device Access NetBank with a version of NetBank specially tailored for your mobile phone and tablet device. You can: view your up-to-date account balances; and view your most recent transactions for your linked statement accounts, including your Home Loans/Investment Home Loans, Mortgage Interest Saver Accounts (MISA) and credit cards; redraw funds from your Home Loan/Investment Home Loan or Variable Rate Personal Loan (conditions apply); transfer funds between any NetBank linked accounts. These include transaction and savings accounts, credit card accounts, Home Loans/ Investment Home Loans, Mortgage Interest Saver Accounts (MISA), and Personal Loans; transfer money to other peoples' accounts at the Commonwealth Bank or to selected accounts at other Australian financial institutions recorded in your NetBank account address book (You must ensure that the correct BSB number and account number are used - the account name of the recipient does not form part of your payment instructions and will not be used or checked by us in making your payment); pay your bills to billers recorded in your NetBank biller address book using BPAY. view pending authorisations for credit cards and debit cards; select an option to remember and partially mask your Client Number on the logon page. BPAY and BPAY View Most bills can be paid using BPAY over the telephone or with NetBank. With BPAY View you can also receive some bills electronically instead of in the mail and then view and pay them using NetBank. Automated funds transfers Schedule automatic payments from your designated accounts to pay bills (not available on some accounts).   * Colonial First State balances only available if investment arranged through a Commonwealth Financial Planner (representatives of Commonwealth Financial Planning Limited).CommInsure is a registered business name of Commonwealth Insurance Limited (CIL). Commonwealth Financial Planning Limited, CIL, Commonwealth Securities Limited (CommSec) and Colonial First State Investments Limited are wholly owned but non-guaranteed subsidiaries of the Commonwealth Bank of Australia. CommSec is a participant of the ASX Group. Customers under the age of 14 require written consent from their parent or guardian to obtain access to these e-banking channels for Youthsaver Account. Telephone Banking and NetBank are the only ways you can access your NetBank Saver Account. Using VoIP If you use VoIP, we urge you to take steps to adequately secure your computer. The systems used by your VoIP provider and/or telephone calls made using your VoIP service may not be secure. We strongly recommend you use upto- date anti-virus, firewall and anti-spyware software before conducting any banking using VoIP. You should also contact your VoIP service provider to ensure that you are satisfied with your service provider’s: (a) security measures; (b) data protection standards; and (c) personal information handling policies. You should also note that your service provider may route communications offshore. If so, these communications may not be secure nor may they be regulated by Australian law. Using NetBank and shopping online If you are registered for NetBank or hold a Commonwealth Bank credit card or Debit MasterCard, we may also register you for NetCode security. NetCode provides an extra layer of security where you engage in transactions that can carry a higher risk, e.g., where you make International Money Transfers or purchase from merchants overseas. NetCode assists in protecting your transactions in such circumstances. For some NetBank transactions and functions you may, in addition to entering your password, be required to correctly answer your Personalised Identification Questions. If you are provisioned a NetCode Token, then you must: register the NetCode Token within 30 days from the date we sent it to you; and generate and enter your current NetCode when you login to NetBank and for some internet purchases using your Commonwealth Bank credit card and Debit MasterCard. If you are registered for NetCode SMS, then you must: make sure your current mobile telephone number is registered with the Bank (to check, simply log in to NetBank, go to the ‘Profile and Preferences’ tab and select ‘My contact details’); and enter your current NetCode when requested in NetBank and for some internet purchases using your Commonwealth Bank credit card and Debit MasterCard. NetCode Tokens remain the property of the Bank and must be returned to the Bank on request. One active NetCode Token is issued per Client Number and cannot be used in conjunction with another person’s Client Number. The Bank reserves the right to charge for additional and replacement NetCode Tokens. Peer-to-peer payments Peer-to-peer payments allow NetBank and CommBank app users to make payments to, and receive payments from (see Claiming Peer-to-peer payments), third parties with an Australian bank account (e.g. friends or service providers) using a mobile phone number, email address or Facebook details. Peer-to-peer payment functionality will be progressively available to NetBank users from October 2013. A recipient can receive payments directly to their nominated deposit account if they register via NetBank or the CommBank app. If a recipient is not registered, they can collect the payment via NetBank, the CommBank app or our collections website (see Claiming Peer-to-peer payments). Making Peer-to-peer payments Pay to Mobile and Pay to Email If the recipient hasn’t registered, you will need to send them the Payment Code (which we will provide to you at the time you make the payment) so they can make a claim. We will notify them the payment is ready to be claimed: via SMS if you used Pay to Mobile; or via email if you used Pay to Email. Pay to Facebook Friend To make Pay to Facebook Friend payments you log in to your Facebook account via Facebook Connect and allow NetBank, mobile phone application or Kaching for Facebook to access your Facebook account basic information and also your Facebook friends list. After you have made the payment, you need to notify the Facebook friend. You can notify the Facebook friend using a Facebook wall post via NetBank, mobile phone application or Kaching for Facebook. If you skip this step, you will need to notify the Pay to Facebook Friend recipient separately. We don’t send any notifications for Pay to Facebook Friend. If the recipient hasn’t registered, you will also need to send them the Payment Code so they can make a claim. How we process payments a. We use the mobile number, email address or Facebook ID to facilitate the payment. You should advise the recipient that you have provided us with this information. b. Peer-to-peer payments are debited from your account when you request the Peer-to-peer payment. When the recipient’s account will be credited depends on the policy and systems of their bank. c. We do not pay interest on amounts credited back to your account if a recipient does not claim a payment or the funds are credited back to your account for any other reason. d. You cannot make Peer-to-peer payments using a credit card account. Claiming Peer-to-peer payments If you have registered, the payment will be deposited directly to a nominated deposit account. If you are not registered, we will tell you when the payment is ready to be claimed: via SMS if the Payer used Pay to Mobile; or via email if the Payer used Pay to Email. If the payment was made via Pay to Facebook Friend and you are not registered, the Payer will need to notify you they have initiated a payment. We don’t send any notifications for Pay to Facebook Friend. If you are not registered, you can collect the payment via NetBank, the CommBank app or our collections website. For you to claim a payment, the Payer must advise you of the Payment Code. If you haven’t received the Payment Code, please contact the Payer. You can use NetBank, the CommBank app or our collections website http://www.commbank.com.au/collect to make the claim. Simply enter the following: a. the Payer’s method of payment (mobile, email, or Facebook, as applicable); b. your mobile phone number, email address or Facebook login details via Facebook Connect (as applicable); c. the Payment Code; and d. select the account from the list of your available accounts or enter the BSB and account number of the account you wish the payment to be paid to. Payments will be processed by BSB and account number only, without using an account name. Some institutions with unique account numbers may disregard the BSB number. Please take care to enter the correct BSB and account number as you may not be able to recover a payment if it is credited to another person’s account. You must collect the payment within 14 days after the day the Payer inputs the payment. Otherwise, the payment is returned to the Payer. The returning of unclaimed payments may be occasionally delayed beyond 14 days due to system outages. Once you enter your details on our site, it may then take up to 3 business days before your account is credited with the funds. We may cancel or suspend your right to claim a payment at any time without notice to you (e.g. if a dispute arises or we suspect mistake or fraud). For security purposes, make sure you don’t tell anyone else the Payment Code or record it anywhere that may lead to loss, theft or abuse. We are not responsible for any loss you suffer due to: a. any delay in notifying you that a payment is available to be claimed; b. any failure or delay by the Payer to provide you or us with the correct information to enable you to claim a payment; c. another person becoming aware of your Payment Code; d. your entering incorrect information in NetBank, the CommBank app or on our collections website; or e. our cancelling or suspending your right to claim a payment (e.g. if a dispute arises or we suspect mistake or fraud). You must contact the Payer if a payment cannot be claimed by you or you wish to dispute the amount of the payment. Special conditions apply when using NetBank or the CommBank app on your mobile phone or tablet device The version of NetBank specially tailored for your mobile phone or tablet device and the CommBank app are designed for phones or tablet devices linked to the network of an Australian telecommunications provider. They may not be available to some customers who have an overseas telecommunications provider. You must be registered for NetCode SMS or a NetCode Token to access NetBank and be registered for NetCode SMS to use the secure features of the CommBank app on your mobile phone or tablet device. If you have an exemption from NetCode for any period of time, you will not be able to access NetBank or the secure features of the CommBank app on your mobile phone or tablet device for the duration of that exemption. You are responsible for any charges imposed by your telecommunications provider for connecting to NetBank or the CommBank app on your mobile phone or tablet device, including call costs and data costs associated with browsing the internet. You can continue to use NetBank or the CommBank app on your mobile phone or tablet device overseas if you have roaming access to the internet on your phone or tablet device. Your telecommunications provider’s charges may be higher than those for using NetBank or the CommBank app on your mobile phone or tablet device in Australia if you access it while overseas. If your Client Number is suspended by the Bank for any reason (for example, if an incorrect password has been entered) you will be unable to access NetBank via a computer, a mobile phone or tablet device until it is reactivated or use the secure features of the CommBank app. Certain functionality on NetBank and the CommBank app may require you to elect to allow distribution of alerts from the Bank via a push or other notification service. Alerts will be sent to any compatible iOS or Android device on which you have installed and registered the CommBank app with notifications enabled, and associated with your mobile number (including wearables). Alerts could be seen by others (including unauthorised persons) who observe, use or access your device or any wearables associated with the device, which could include when the device is locked. Please check the notifications settings on all your devices to esnure the privacy and alert settings are appropriate for your use. If you have an iPhone, you can enable or disable CommBank app notifications via the Notification Centre in your phone Settings. If you have an Android phone, you can turn CommBank app notifications on or off via Settings within the CommBank app. Alerts will include: NetCode information Account alerts Security and service alerts Alerts when new versions or upgrades are available Special offers and information about products and services   All alerts will be sent to you and managed in accordance with the Bank's Privacy Policy. The Bank reserves the right to suspend or discontinue its alerts services at any time without notice. Cards, PINs, passwords and devices Cards, PINs, passwords and devices remain the property of the Bank. To use your account, you must first sign your card(s) and then activate them online in NetBank, in branch or by calling 13 2221, after which time your card(s) can be used. Once activated, your card(s) is valid only for the period indicated on it. You cannot use it after the expiry month on the card(s). You can nominate a specific PIN online in NetBank, or call into one of our branches. Our staff will be pleased to help. If you want any other people to be able to access your account using a card, we can issue them with cards and PINs, but you must ask us to do so in writing. Letting others have a card If you ask us to do so in writing, we may issue a card and PIN to another person. An additional cardholder must be 14 years of age or over. An additional cardholder’s use of a card is subject to these Terms and Conditions and we suggest that additional cardholders have a copy of them. You are responsible for an additional cardholder’s use of a card and for all the amounts of any withdrawals, purchases or payments an additional cardholder makes using an access method as if you had used that access method to make the transactions. You should note that additional cardholders will have access to your account information. If you or an additional cardholder ask us, we will remove the additional cardholder from your account. This means that we update our records so that the additional cardholder is no longer shown as an additional cardholder. If you wish to stop access by an additional cardholder, you must ask us to remove the additional cardholder and place a stop on the additional card. You may do this either by attending a branch or by phoning us on 13 2221. How do you cancel or stop a card, or other device? You must tell us if you wish to cancel a card or other device issued to another user. You can also ask us to place a stop on your account, in which case you and any other user will not be able to make any further transactions on the account until you ask us to remove the stop. Cancellation of a card or other device or a stop will not take full effect immediately. You will continue to be liable for any transaction amounts not yet processed on your Debit MasterCard and for all transactions made using a card or other device at a time when any of our electronic transaction systems are unavailable, until you have taken all reasonable steps to have the card or other device returned to us. You will also be liable for Debit MasterCard transactions to purchase goods and services at a price below a merchant’s authorised floor limit or where no authorisation is required, until you have taken all reasonable steps to have the card destroyed or returned to us. You authorise us to debit any outstanding Debit MasterCard transaction amounts on your accounts to any other Account in your name. Cancellation of a card or other device or a stop will not take full effect immediately. You will continue to be liable for any transaction amounts not yet processed on your Debit MasterCard and for all transactions made using a card or other device at a time when any of our electronic transaction systems are unavailable, until you have taken all reasonable steps to have the card or other device returned to us. You will also be liable for Debit MasterCard transactions to purchase goods and services at a price below a merchant's authorised floor limit, until you have taken all reasonable steps to have the card destroyed or returned to us. You authorise us to debit any outstanding Debit MasterCard transaction amounts on your accounts to any other Account in your name. Confidential and up-to-date information We take all reasonable steps to ensure that the information available through electronic equipment is correct and updated regularly. We also try to protect your account information from unauthorised access during transmission through electronic equipment, but we will not otherwise be liable for any unauthorised access by any means to that information. Using your Debit MasterCard When you use your Debit MasterCard at ATMs or EFTPOS terminals, you may be asked to choose between the ‘credit’ and the ‘savings’ options.  Whichever option you choose, the funds are debited to the underlying account. However, if you choose the ‘credit’ option to make a purchase, you may be able to exercise MasterCard chargeback rights (see ‘Requesting a chargeback’).  When you use your Debit MasterCard to make purchases by mail order, telephone, internet or PayPass the ‘credit’ option automatically applies to that transaction. The remaining information in this section applies to your Debit MasterCard when the ‘credit’ option is used to process a transaction. Checking your transactions Make sure you keep all vouchers and transaction records you receive from merchants and check them against the transactions on your statement. Offline transactions processed by the merchant (including some PayPass transactions) may not appear on your statement with the same date as the date you made the transaction. It is your responsibility to ensure there are sufficient funds in the account when this transaction is processed by the Bank.  If you have access to NetBank, you can check the transactions online. Where Debit MasterCard purchases or transactions are made overseas (such as purchases made over the internet), they may be processed using the date overseas (value date), which may not be the same as the date in Australia. This means that it may be processed using the balance in your account on that value date (as shown in your statement). Authorising your transactions Some merchants, e.g. restaurants, hotels and car rental agents, may ask us to confirm that your account has sufficient available balance to meet the estimated cost of the goods and services. We treat this as a request for authorisation. We may choose not to authorise a particular transaction. For example, there may be security issues with the transaction or network or, you may have insufficient funds in your account.  If we do authorise a transaction, we reduce your available account balance by the estimated cost of the goods and services. Normally, this is then cancelled out when the actual transaction is completed.  However, in the following situations, your available account balance may be reduced for up to six business days after the authorisation date: the merchant did not complete the transaction (e.g. you decided not to purchase the goods or services); or the actual amount the merchant charged to your account was different to the original amount we authorised and the merchant didn’t cancel the original authorisation (e.g. a hotel might get authorisation for one night’s accommodation when you check in but the amount later processed to your Debit MasterCard might be different to that authorisation). Recurring transactions You may authorise a merchant to regularly charge amounts to your account.  To cancel the authority, you should notify the merchant in writing at least five business days before the next transaction due date. Until you notify them, we are required to process transactions from the merchant. If the merchant doesn’t comply with your request to cancel the authority, you can dispute the charges (see ‘Requesting a chargeback’). Refunds A merchant must issue a valid credit voucher to make a refund to you. We can only credit the refund to your account when we receive the voucher from the merchant’s bank. Requesting a chargeback In some cases, MasterCard’s scheme rules allow us to dispute a transaction and request a refund of the transaction (i.e. chargeback) for you from the merchant’s financial institution. Usually, we can only do this after you have tried to get a refund from the merchant and were unsuccessful. Usually, we can only do this after you have tried to get a refund from a merchant and were unsuccessful. You should tell us as soon as possible if you think your statement has a mistake in it or records a transaction which is possibly unauthorised, so that we may ask for a chargeback. Time limits may not apply where the ePayments Code applies. Chargeback rights do not apply to BPAY transactions – see ‘BPAY’ How request a chargeback To request a chargeback: tell us you want us to chargeback the transaction within 30 days after the date of the statement which shows the transaction; and provide us with any information we ask for to support your request. If you don’t follow these steps, we may lose any chargeback right we have under MasterCard’s scheme rules. However, this doesn’t apply to an unauthorised transaction that is regulated by the ePayments Code - see ‘Unauthorised transactions’. What happens when we claim a chargeback We will try our best to claim a chargeback for you. However, for your claim to be successful, the merchant’s financial institution must first accept the claim. If they reject a chargeback, we will only accept the rejection if we are satisfied that it is reasonable and is consistent with MasterCard scheme rules. As a result of our investigations, if we find that your account: has been incorrectly debited or credited, then we will adjust your account (including any interest and charges) and notify you in writing; or has not been incorrectly debited or credited or that you’re liable for the loss or part of the loss, then we will give you copies of the relevant documents or evidence. When we may block a transaction You may only use your Debit MasterCard for lawful purposes. We may block purchases from certain websites or merchants if we have reason to believe that the products or services being offered: are illegal (under Australian law or the laws of other countries); contain offensive material; or pose a risk to either systems or the integrity of transactions or information. Electronic communication We may give you notices and statements electronically by making them available on our NetBank service and sending an email to your nominated email address informing you that the notice or statement can now be retrieved from NetBank. We will only do this where: You have selected an account which only offers statements and notices electronically; or It is agreed between us and you have not withdrawn your consent. Where statements and notices are sent to you electronically we will make them available on the NetBank service and will send an email notification to your nominated email address that the statement or notice is there for retrieval. You must be registered for NetBank, and have provided us with your email address, in order to receive notices and statements electronically. We have restrictions on the types of accounts or customers who can receive statements electronically. It may not be possible to receive statements electronically if you require multiple statements for an account. Even if we normally provide electronic notices or statements, we reserve the right to send paper ones instead to your nominated postal address (e.g. if for any reason we are not able to provide them electronically or we cancel your election to receive statements or notices electronically because we are unable to deliver emails to your nominated email address). Notices and statements given electronically are taken to be received on the day that the email enters the information system of your internet service provider or the host of your email address. As part of our NetBank service, we may from time to time send you messages, e.g. to your NetBank inbox, including commercial electronic messages advertising, promoting or offering new or existing products, services or investments. You agree to receive such messages and that commercial electronic messages need not contain information about how to unsubscribe. We will however honour any preferences you make generally as to the receipt of marketing materials and your preferences in NetBank concerning Product upgrades and new product offers. Top of page Electronic communications and agreements You are responsible for the acts and omissions of all users, including any person you authorise to act for you. Except for EFT Transactions, all communications and acceptances, including electronically signed documents, received by us through NetBank from any person logged into NetBank using your Client Number and password are deemed to be authorised by you unless you can prove that you did not authorise the person and that: • without your knowledge your Electronic Equipment has been taken over by use of malware despite you having up to date antivirus, antimalware and firewall software installed on your Electronic Equipment; or • the person gained access to your Client Number and password without your approval despite you taking all reasonable precautions to prevent such access;  and you did not unreasonably delay in reporting to us the compromise of your Electronic Equipment or the loss, theft or misuse of your Client Number and password. If you agree to enter into agreements electronically or to electronically sign documents, you must do everything you can reasonably do to protect your Client Number and password from becoming known to any other person including by installing and maintaining up to date antivirus, antimalware and firewall software on your Electronic Equipment. You must not disclose your password to any other person. You must not keep a record of your Client Number and password without making any reasonable attempt to protect the security of the record, such as making a reasonable attempt to disguise the password within another record, hiding the record where it would not be expected to be found or keeping the record in a securely locked container or in password protected device. You must not choose a password that represents your date of birth or name.  Electronic communications and agreements You are responsible for the acts and omissions of all users, including any person you authorise to act for you. Except for EFT Transactions, all communications and acceptances, including electronically signed documents, received by us through NetBank from any person logged into NetBank using your Client Number and password are deemed to be authorised by you unless you can prove that you did not authorise the person and that: without your knowledge your Electronic Equipment has been taken over by use of malware despite you having up to date antivirus, antimalware and firewall software installed on your Electronic Equipment; or the person gained access to your Client Number and password without your approval despite you taking all reasonable precautions to prevent such access; and you did not unreasonably delay in reporting to us the compromise of you Electronic Equipment or the loss, theft or misuse of you Client Number and password. If you agree to enter into agreements electronically or electronically sign documents, you must do everything you can reasonably do to protect your Client Number and password from becoming known to any other person including by installing and maintaining up to date antivirus, antimalware and firewall software on your Electronic Equipment. You must not disclose your password to any other person. You must not keep a record of your Client Number and password without making any reasonable attempt to protect the security of the record, such as making a reasonable attempt to disguise the password within another record, hiding the record where it would not be expected to be found or keeping the record in a securely locked container or in password protected device. You must not choose a password that represents your date of birth or name. Making e-banking transactions Enter the correct information When you or any other user make a transaction with electronic equipment it is your responsibility to tell us the correct amount you wish to pay or transfer, and the correct account to which you wish to have the payment or transfer credited. The account name of the recipient does not form part of your payment instructions and will not be used or checked by us in making your payment. If you tell us to make a payment or transfer and after we have implemented your instructions you discover that: The amount you told us to pay or transfer was less than the required amount. You can make another payment or transfer to the recipient to make up the difference. The amount you told us to pay or transfer was greater than the required amount. You must contact the recipient* to obtain a refund (you cannot make a claim upon us). The account you told us to make a payment or transfer to was incorrect. You can contact the recipient to obtain a refund or contact us.* * We will attempt to recover the funds on your behalf but we are not liable unless we fail to comply with the process and timeframes set out below. We will acknowledge receipt of your report and provide you with a reference number which you can use to verify that your report has been recorded by us and to enquire about progress of your claim. Once we have the information we require and are satisfied that you have made a mistaken internet payment, we will send a request for return of the funds to the recipient’s financial institution. We will advise you in writing of the outcome of the request within 30 business days of receiving the information from you. Making a deposit with an ATM We accept responsibility for the security of deposits lodged at our ATMs. Unless you can provide satisfactory evidence to the contrary, the amount of the deposit is subject to later verification by us. Our count of the funds deposited is regarded as conclusive evidence of the actual amount. If we differ on the amount of the deposit, we will tell you of the discrepancy as soon as possible. Scheduling future payments and transfers With NetBank you can 'schedule' a payment or transfer by nominating a future date on which such a transaction is to be made (not available for Pensioner Security Account - passbook option, Passbook Savings Account, NetBank Saver Account, Savings Investment Account, Streamline Basic, GoalSaver, Business Online Saver, Foreign Currency Account and Business Foreign Currency Account). Depending on the availability of cleared funds, NetBank will make up to 5 attempts to process your scheduled transfer or payment. NetBank will make the first attempt early in the morning on the day your transfer or payment is due; further attempts will be made by NetBank on subsequent business days. Scheduled transaction can be suspended or cancelled by you up to and including the day the transfer or payment is due if we have not begun processing the payment (usually around 4:30am Sydney time). Otherwise we will process the payment or transfer as originally instructed by you. Daily limits for transfers through e-banking If you transfer funds through Telephone Banking or NetBank, the maximum amount that can be transferred per customer per day is: $99,999,999.99 to or from a linked statement account; $99,999.99 (or up to the available credit limit) to or from a linked credit card account. $25,000.00 (or up to the maximum balance) to your Commonwealth Bank Traveller's Cash card¹. The maximum amount that can be transferred per customer per day in the following ways using NetBank is: $2,000 when transferring to a non-linked account (for example, another person's account or an account at another financial institution).² $5,000 when transferring by International Money Transfers using NetBank. Before you can use this service, you need to contact us to activate it.² $20,000 when making payments through BPAY using NetBank.²  If you use the CoomBank app to make payments to third parties including by reference to their email address, mobile phone number or Facebook account, other limits may apply. These are set out in the terms and conditions for that application. ¹ Not available through Telephone Banking ² These are the default transaction limits that apply. In some cases the limits may be lower. To find out how these limits can be amended, login to NetBank and go to the ‘Security’ tab and select ‘Payment Limits’ or call us on 13 2221 option 4 (24 hours a day, 7 days a week). You must be registered for NetCode for any NetBank limit increases. The daily limits applying to transfers to non linked accounts, International money transfers and BPAY using NetBank operate independently of each other. If you request a higher daily limit (or ask the Bank to activate the International Money Transfer service in NetBank) your liability for unauthorised transactions may increase. Minimum transaction amounts also apply. Please phone the NetBank Help Desk on 13 2221 option 4 (24 hours a day, 7 days a week) for details. Your access to NetBank transfers to non-linked accounts, BPAY payments and/or International Money Transfers (if applicable) and/or payments to third parties using the CommBank app may be removed or reduced if: we provision a NetCode Token and you don’t register it with us within 30 days of the date we sent it to you, or you are registered for NetCode SMS but your mobile telephone number not advised to the Bank, or you tell us that you don’t want to use NetCode SMS or Token. To reduce your exposure to liability for unauthorised transactions where the Bank considers it necessary. We may suspend NetCode if we have reason to believe that your online security is at risk, e.g. you entered the wrong NetCode more than once. If we do, your access to NetBank for any functions normally requiring a NetCode to be entered including payments to third parties using the CommBank app and secure online shopping using NetCode may be suspended or limited and won’t apply until we reactivated it. If you have an exemption from NetCode for any period of time, your access to payments to third parties using the CommBank app may be suspended or limited and NetCode for your online shopping won’t apply during that time. If you deposit a cheque or other payment instrument to a passbook account, no transfers or BPAY payments (including transfers or payments of available funds) using electronic banking will be permitted for 3 business days from the date of the deposit. If you do wish to transact on your passbook account during this period, please take your passbook to one of our branches to discuss your options. Transfers to non linked accounts and transfers sent by International Money Transfer are not permitted from passbook accounts. Cash withdrawals and purchases made through ATMs, EFTPOS, overseas using Maestro/Cirrus and Visa Plus networks, Post Offices and other agencies with electronic banking terminals, are subject to a daily card withdrawal limit. Unless you have changed it since, if your Keycard or Debit MasterCard was issued before 28 July 2008, then your limit is $800 and if it was issued on or after 28 July 2008, then your limit is $1,000. Unless you have changed it since, if your Debit MasterCard was issued on or after 9 February 2015, then your limit is $2,000. In some cases, your daily card withdrawal limit may be lower than those amounts. Credit cards have a default limit of $800. The daily withdrawal limit does not apply if you use the ‘credit’ option (using your Debit MasterCard or credit card) to access your accounts at EFTPOS. Withdrawals are also subject to the note denominations available at the ATM. For contactless payments, per payment limits apply as set by the relevant card scheme. The daily card withdrawal limit is the total amount that can be withdrawn using a PIN from all accounts linked to a card in any one day. You can confirm and/or change your daily card withdrawal limit at any time using NetBank. Simply go to the ‘Manage accounts’ tab, select ‘Manage my accounts’ and then select the ‘Change my daily card withdrawal limit’ option. To help protect your account, you must be registered for NetCode SMS or NetCode Token to use this feature. If you request a higher daily electronic banking withdrawal limit your liability for unauthorised transactions may increase. Merchants, BPAY Billers and other financial institutions may impose other restrictions on transfers. When are electronic banking (including Bpay) transactions processed?1 E-banking transactions are processed on the day they are made or scheduled2 to occur. However, due to processing requirements, a funds transfer from your account made via NetBank or telephone banking between 12:00 midnight and 12:30am (Sydney/Melbourne time) on Sunday to Friday (inclusive), or transactions made between 12:00 midnight and 1:30am (Sydney/ Melbourne time) on a Saturday, may be treated as if the transfer occurred on the previous calendar day. For example, a NetBank funds transfer made at 12:15am on Wednesday morning may be treated as if the transfer was made on Tuesday and will appear on your statement as at Tuesday’s date. Please note that the following e-banking transactions, whilst debited to your account as above, may not be processed by us or credited to the recipient’s account until the next business day: transfers to Commonwealth Bank home loans, credit cards, Savings Investment Accounts, Passbook Savings Accounts and Pensioner Security Accounts (Passbook option); transfers to other financial institutions and BPAY payments made or scheduled to occur after 6pm (Sydney/Melbourne time) or on a non-business day. Payments to accounts at other financial institutions will be credited to the recipient’s account when the other financial institution processes the transaction, which may take up to 3 business days.   1 Proceeds of NetBank transfers and payments using the CommBank app (incl International Money Transfers) – For security reasons we may place a hold on funds transferred through NetBank and/or payments using the CommBank app to or from your account. The hold may apply: if the transfer takes place before 7:30pm (Sydney/Melbourne time), until the next day if the transfer takes place after 7:30pm (Sydney/Melbourne time), until the second following day; or for as long as we reasonably need to investigate the transaction. 2 Refer to Scheduling future payments and transfers for more information. Refusal of service Despite any right contained in these Terms and Conditions, in the event that you or a signatory appears to be a Proscribed Person, then we may immediately refuse to process or complete any transaction or dealing of yours; suspend the provision of a product or service to you; refuse to allow or to facilitate any of your assets held by us to be used or dealt with; refuse to make any asset available to you to any other proscribed person or entity; or terminate these arrangements with you. We will be under no liability to you if we do any or all of these things. If we exercise our rights under this clause, you must pay any losses, costs or expenses that we incur in relation to any action taken under this clause, including interest adjustments and/or administrative costs under these Terms and Conditions. What happens if the electronic equipment does not work properly We take all reasonable steps to ensure that our electronic equipment functions properly during its usual operating hours. However, failures may occur and this has an impact on liability. You do not lose any protection that we give you under these Terms and Conditions when you (or any other user) use your card or other device, PIN or password in electronic equipment that is not owned by us. Disputes What if you have a complaint We accept that sometimes we can get things wrong, and when this happens we’re determined to make them right again. Talk to us Most problems can be resolved quickly and simply by talking with us. You can visit your local branch, or you can call our General Enquiries team on 13 2221, 24 hours a day, 7 days a week. If you need further assistance after your initial enquiries, you can contact Customer Relations. When you make a complaint to us we will: acknowledge your complaint and make sure we understand the issues do everything we can to fix the problem keep you informed of our progress keep a record of your complaint give you our name, a reference number and contact details so that you can follow up if you want to; and provide a final response within 21 days or advise you of the need for more time to complete the investigation. Unless there are exceptional circumstances, we will complete our investigation within 45 days of receipt of your complaint. If we are unable to provide a final response to your complain within 45 days, we will: inform you of the reasons for the delay; advise of your right to complain to the Financial Ombudsman Service (FOS); and provide you with the FOS contact details. BPAY If we conclude that your account has been incorrectly debited or credited, we will, where appropriate, adjust your account (including any interest and charges) and let you know in writing of the amount with which your account has been debited or credited. If we reasonably conclude that your account has been correctly debited or credited or, in the case of unauthorised transaction, that you are liable for the loss or part of the loss, we will give you copies of any document and/or other evidence on which we based our finding. If any BPAY payment was made as a result of a mistake by you and, after 20 business days we are unable to recover the payment from the Biller or any other person who received it, you should then pursue the matter with the biller or the person receiving the payment. We are not liable if any retailer refuses to accept a card, PIN, password or other code. External dispute resolution If you are not happy with the response we provide, you may refer your complaint the Financial Ombudsman Service (FOS). FOS offers a free, independent dispute resolution service for the Australian banking, insurance and investment industries. Please refer to Take a complaint to the Ombudsman for contact details. Disputes with other parties We are not liable if any retailer refuses to accept a card, PIN, password or other code. Unless required by law, we are not responsible for the goods and services a retailer supplies to the user. If the user has any disputes, they must be resolved with the retailer. We are also not responsible for complaints with respect to the goods and services a retailer supplies to the user if incorrect charging occurred. You must ensure that you enter the correct amount in the electronic equipment before authorising the transaction. Unless you can provide satisfactory evidence to the contrary, you agree that: the amount shown on a sales voucher or any other evidence of a purchase is sufficient evidence of the purchase; the amount shown on a cash withdrawal voucher, receipt or any other evidence of a cash withdrawal is sufficient evidence of the cash withdrawal; and the above applies regardless of whether the voucher or other evidence is signed by you. You should pursue any disputes over incorrect charging with the retailer. Safeguarding your account against unauthorised access Access methods comprise the keys to your EFT account. You must do everything you reasonably can to protect all means of access to your account. That means making sure your cards, devices, client numbers, PINs, passwords and other codes and electronic equipment are not misused, lost or stolen or disclosed to any Account access service. You may suffer loss if you don't sufficiently safeguard these items. If you use VoIP, please refer to 'Using VoIP' for more information. You must report the loss, theft or misuse of a card, device, PIN, password, Client Number or electronic equipment. Scenario What to do What we will do Your card, device, PIN, password, Client Number or electronic equipment may have been lost or stolen. Tell us as soon as you become aware. You may suffer loss if you don't tell us. Call our hotline numbers listed in Where to get help or visit any branch. If you report the event, we will give you a number that you should keep to verify the date and time that you reported the misuse, loss or theft. We will be liable for all losses incurred after you tell us. You suspect that someone has knowledge of your or any user's PIN, password or other codes. There has been unauthorised access to your account. Even if you are confident that codes are secure you must tell us as soon as you become aware of the loss or theft of an access method or of any unauthorised access to your account(s). What happens if I don't report loss, theft or misuse? If it can be shown that you unreasonably delayed telling us of the loss, theft or misuse of a card, device, PIN, password, Client Number or other codes, or electronic equipment, then you will be liable for unauthorised transactions that occur on your account.   We do not hold you liable for any unauthorised transactions that could have been stopped if the Bank's hotline facilities weren't available at the time you tried to report the loss, theft or misuse. However, you should visit or telephone one of our open branches as soon as possible. Ensuring the security of your cards, devices, PINs, passwords, Client Numbers or other codes If we reasonably believe a card, PIN, password, other code or device is being used in a way that may cause losses to you or us, we may cancel or withhold its use at any time, without notice. We may cancel a Debit MasterCard or Keycard if it is not used for 6 months or more. Before using a Debit MasterCard or Keycard that hasn’t been used for 6 months or more, you should contact us to ensure that it is still activated. A Client Number may be permanently cancelled by us without notice to you if: it has not been used for 12 months or more; or it has been suspended by the Bank for security reasons (for example, because an incorrect password was entered) and you do not contact the Bank within a reasonable time to arrange for a password change and for the Client Number to be reactivated. If the Bank cancels a Client Number, the internet banking service to which it relates will be closed without notice to you. If following cancellation you want to continue to use the internet banking service, you can again register for the service by contacting the Bank on 13 2221 option 4 or by visiting our website: commbank.com.au/netbank. Safeguarding your cards and devices (including Netcode Tokens) Always Never Sign cards immediately upon receipt Destroy cards when they reach their expiry date or when they are no longer valid Return cards and devices to us upon request Carry cards and devices whenever possible and regularly check they are still in your possession Remember to take your card, cash and transaction record with you when a transaction is completed Keep cards and PIN records anywhere near each other e.g. in a briefcase, bag, wallet or purse Leave cards and devices in a car Keep cards or other devices and PIN records in one item of furniture, even if in different compartments (e.g. different drawers of the same bedroom dresser) Safeguarding your PINs, passwords or other codes Always Never Memorise a PIN, password or other code* as soon as possible or disguise any PIN or password that is recorded so that others will not be able to decipher it or make a reasonable attempt to prevent unauthorised access to the PIN Record, including keeping the PIN Record in a securely locked container or password protected device or computer Destroy or delete PIN, password or other code notifications as soon as possible after receiving them or if a user nominates a specific PIN, password or other code, it must not be an obvious word or number (such as a date of birth, middle name, family member’s name or driver’s licence number) or one which is easily guessed Take precautions when using e-banking e.g. be ready to make the transaction when you approach the electronic equipment and never let anyone watch you enter your PIN, password or other code. Check the location of mirrors, security cameras or any other means of observing PIN, password or other code entry and then shield it from anyone Tell or let anyone find out a PIN, password or other code – not even family or friends Record a PIN, password or other code (disguised or not) on a card, device, computer, mobile phone or tablet device Keep a record of a PIN, password or other code in a situation where, if a thief finds a card or code they will also find the record of the PIN or password * Excluding NetCode ^ We will not consider that a reasonable attempt has been made to disguise a PIN, password or other code if it is recorded in reverse order; in an easily understood code, e.g. A=1, B=2; as a “phone” number where no other phone numbers are recorded or as a four digit number, prefixed by a telephone area code; as a “date” (e.g. 9/6/63) where no other dates are recorded; as a series of numbers or words with any of them marked, circled or in some way highlighted to indicate the PIN, password or other code; as an obvious word or number or one that can be found in a purse or wallet. Top of page Liability for transactions Generally speaking you are liable for any losses arising from the acts and omissions of all users. This includes you and any person authorised by you to carry out EFT transactions on your account. You will be liable for: transactions carried out by you or with your knowledge and consent; transactions carried out by any other user, unless you have told us to cancel that user's PIN, password or other code, and you have taken all reasonable steps to have the card or other device returned to us; and unauthorised transactions if you or any other user have not made a reasonable attempt to disguise or prevent unauthorised access to a PIN, password or other code. Unauthorised transactions An unauthorised transaction is one which is not authorised by a user, for example a transaction which is carried out by someone besides you or another user without your knowledge and consent. The ePayments Code determines your liability for losses resulting from unauthorised transactions. We have reflected the relevant Code provisions in the following sections. Please note though that the relevant Code (and the sections below dealing with unauthorised transactions) are not applicable to purchase transactions using your Debit MasterCard where you sign to authorise the transaction (but chargeback protection may be available in that situation). When you will not be liable for loss due to unauthorised transactions You will not be responsible for any loss resulting from an unauthorised transaction if any of the following apply: it is clear a user did not contribute to the loss in some way; the loss arises after you notify us that any card or other device used to access the account has been misused, lost or stolen or that the security of a PIN, password or other code used to access the account has been breached; the loss was due to fraud or negligent conduct by any of our employees or agents or the employees or agents of any person (including merchants) involved in the Electronic Funds Transfer network; the loss occurs because any component of an access method was forged, faulty, expired or cancelled; the loss results from a transaction which occurred prior to you or another user receiving a device or code required to access the account; the same transaction was incorrectly debited more than once to your account; or the loss results from any conduct expressly authorised by us (provided any conditions imposed have been met); or a user leaving a card in an ATM, as long as the machine incorporates reasonable safety standards that mitigate the risk of a card being left in the machine (for example, the machine captures cards that are not removed after a reasonable time or requires that the card be removed from the machine before the transaction can proceed). When you will be liable for loss due to unauthorised transactions Where we can prove on the balance of probability that you contributed to the loss, you will be responsible for losses resulting from unauthorised transactions (refer to 'Safeguarding against unauthorised access to your account') in the following scenarios. Scenario What you will be liable for The losses occur before you notify us that a card or other device used to access the account has been misused, lost or stolen or that the security of a PIN, password or other code used to access the account has been breached as a result of: fraud by any user; any user voluntarily disclosing their PIN, password or other code; any user recording or otherwise indicating one or more PIN, password or other codes on the outside of a card or other device; any user keeping a record of one or more PIN, password or other codes (without making any reasonable attempt to protect their security) on one article or on several articles which are kept with a card or other device or which could be lost or stolen at the same time as the card or other device; any user keeping a record of PINs, passwords or other codes (without making any reasonable attempt to protect their security) which may be used without a card or other device, on one article or on several articles which could be lost or stolen at the same time; any user selecting or changing any of their PINs, passwords or other codes to one which represents their date of birth or a recognisable part of their name, despite us specifically instructing the user not to do so and bringing to their attention the consequences of their doing so; or a user acting with extreme carelessness in failing to protect the security of all their PINs, passwords or other codes. a user leaving a card in an ATM, as long as the machine incorporates reasonable safety standards that mitigate the risk of a card being left in the machine (for example, the machine captures cards that are not removed after a reasonable time or requires that the card be removed from the machine before the transaction can proceed). The actual losses which occur before you notify us that: the card or other device used to access the account has been misused, lost or stolen; or the security of the PIN, password or other code used to access the account has been breached, but only if such breach was the dominant cause of the loss. The losses result from your unreasonable delay in notifying us after you become aware of the misuse, loss or theft of a card or other device used to access an account or that the security of all the PINs, passwords or other codes used to access an account have been breached. The actual losses which occur between when you become aware (or should reasonably have become aware in the case of a lost or stolen card or device) and when you notify us. Limits on your liability for losses Even if losses occur in the previous scenarios you will not be liable for: that portion of any money that has been withdrawn from your account in any one day which is more than the applicable daily transaction limits; that portion of any money that has been withdrawn from your account in a period which is more than any other applicable periodic transaction limits; that portion of any money that has been withdrawn from your account which exceeds the balance of that account (including any pre-arranged credit) when the transaction occurs; that portion of any money that has been withdrawn from an account which we had not agreed with you could be accessed using the access method; and any amount recovered under the MasterCard scheme rules when you use a Debit MasterCard. If a PIN, password or other code was needed to perform the unauthorised transactions and none of the circumstances above apply (that is, it cannot be proven on the balance of probability whether or not you contributed to the loss) you will be liable for the lesser of: (i) $150; (ii) the balance of those account(s) (including any pre-arranged credit) from which funds were transferred in the unauthorised transactions and which we had agreed with you may be accessed using the access method; or (iii) the actual loss at the time you notify us (where relevant) that the card or other device has been misused, lost or stolen or that the security of the PIN, password or other codes has been breached (excluding that portion of any money lost on any one day that is more than the applicable daily transaction or other periodic transaction limits). When we may reduce your liability Where you allege that a transaction is unauthorised and we have not placed a reasonable daily or periodic transaction limit, either we or an external dispute resolution body may decide to reduce your liability having regard to: whether the security and reliability of the means used by us to verify that the relevant transaction was authorised by you adequately protected you from losses in the absence of reasonable daily or other periodic transaction limits protection; and if the unauthorised transaction was a funds transfer that involved drawing on a line of credit accessible by the card, PIN, password or other code needed to perform the transaction (including drawing on repayments made to a loan account), whether at the time of making the line of credit accessible by the card, PIN, password or other code, we have taken reasonable steps to warn you of the risk of the card, PIN, password or other code being used to make unauthorised transactions on that line of credit. Conditions of use for BPAY BPAY (Bill Payment) lets you pay most bills over the telephone (Telephone Banking), with NetBank or with the CommBank app. To register to use BPAY you must first establish a password for Telephone Banking or register with NetBank. (Refer to 'Meaning of Words'). Please note that Youthsaver customers cannot use BPAY over the phone and NetBank Saver customers and Business Online Saver customers can not use BPAY. What to give us when you make a BPAY transaction You will need to provide the following accurate information so that we can process a BPAY payment. Biller code (printed on your bill near the BPAY logo) Customer reference number (printed on your bill near the BPAY logo) Details of the account from which you wish to make the payment Amount of the payment to be made Date on which the payment is to be made (only if the user is scheduling a future payment with NetBank) What happens if I enter incorrect information? You must be careful to tell us the correct amount to be paid. If you tell us to make a payment and later you discover that: an amount was not paid in accordance with your instructions - then you should call 13 2221 and talk to a customer service officer; the amount you told us to pay was less than the required amount - then you can make another BPAY payment to the Biller to make up the difference; the amount you told us to pay was more than the required amount - then you should call 13 2221 and talk to a customer service officer. We will attempt to recover the overpayment on your behalf, however, recoveries are performed on a best endeavours basis and if after 20 business days we are unsuccessful, you will need to ask for a refund from the payment recipient; or the account, Biller code or customer reference number was incorrect - then you should call 13 2221 and talk to a customer service officer. Can I cancel a BPAY transaction? We cannot stop any BPAY transaction once you have entered the relevant data, and given the instruction to process the payment. What happens if a Biller cannot process a BPAY payment? If we are advised that a BPAY payment cannot be processed by a Biller, we will advise the user of this and credit your account with the amount of the BPAY payment. We will also assist the user to make a valid BPAY payment. What you agree to when using BPAY View BPAY View lets you receive some bills electronically instead of by mail. You can view and then pay these bills using NetBank. (Refer to 'Where to get help') for details on how to register to use BPAY View. You must tell us if your contact details (including email address) change. When you register to receive a bill or statement electronically through BPAY View, you represent that you are entitled to receive that bill or statement from the applicable Biller. You agree to... That means you... Receive bills and statements electronically Agree that any electronic bill or statement you receive using BPAY View satisfies any legal obligations a Biller has to provide you with bills and statements. Access BPAY View regularly to receive your electronic bills and statements Agree to check your emails and/or our NetBank web site at least weekly; Agree to ensure your mailbox can receive email notifications (e.g. it has sufficient storage space available); Agree to tell us if you or any user is unable to access your email, our NetBank web site or a link to a bill or statement for any reason; Agree that a bill or statement is deemed to have been received by you if a notification that you have a bill or statement is sent to your server at the email address nominated by you, whether or not you choose to access your email; or a notification that you have a bill or statement is posted on our NetBank website, whether or not you choose to access our NetBank website; and Agree that a bill or statement will not be deemed to have been received by you if we receive notification that: your mailbox is full; or you cannot receive an email notification; or an email notification to you is returned to us undelivered. Disclose personal and transactional information as needed to facilitate the BPAY View process Agree to disclose any personal information (e.g. your name, email address and the fact that you are our customer) that is needed to enable Billers to verify that you have registered to receive bills and statements electronically using BPAY View or have cancelled your BPAY View registration; Agree to disclose any of your transactional information that is needed to process your BPAY Payments and any user's use of BPAY View; Agree to allow data to be collected by us or your nominated Biller(s) about whether you access your emails, our NetBank website and any link to a bill or statement; Agree to notify us of any changes to your personal information; Agree to disclose any updates to your personal information to all other participants in the BPAY Scheme referred to underneath this table, as necessary; and Agree to disclose to a Biller that an event (refer to 'Receiving paper bills and statements instead of electronic ones') has occurred. Personal and transactional information will only be disclosed to: the Bank; BPAY Pty Ltd; the Billers nominated by you; these Billers' financial institutions; any agent appointed by BPAY Pty Ltd to provide the electronic systems needed to implement the BPAY Scheme (e.g. Cardlink Services Limited). The Bank does not store the personal information you provide to register with BPAY View with a particular Biller. You can request access to your personal and transactional information held by the Bank, BPAY Pty Ltd or its agent, Cardlink Services Limited. Availability of electronic statements and bills Except as expressly provided for in the Terms and Conditions in this section, we accept no responsibility to arrange for or ensure that any Biller with whom you register to receive bills and statements using BPAY View actually makes those bills or statements available to you.   If you fail to receive bills and statements from a Biller or the bill or statement is not available to be viewed using BPAY View, you must contact the applicable Biller to obtain a paper bill or statement. Suspending or cancelling BPAY View If, at any time, continued use of the BPAY View service may cause loss to you or us, or if the Bank elects not to continue with the service, we may: suspend or cancel use of BPAY View entirely or in relation to a particular Biller; and suspend or cancel your registration to use BPAY View without prior notice. We will advise you of such suspension or cancellation via the most appropriate means, which may include by notification to your email address or by posting a notice on NetBank. Using NetBank to store and delete bills and statements Unless you delete the bills and statements delivered to you through our NetBank website, they remain accessible for a period determined by the Biller (up to 18 months). After this set period they will be deleted, whether they have been paid or not.   The maximum number of bills and statements available to through our NetBank website is 150. If you reach this number and a new bill or statement is delivered to you, the oldest bill (according to the time of delivery) will be deleted by us. What happens if there is a problem with BPAY View? If, as a result of an act or omission by you or any user or the malfunction, failure or incompatibility of computer equipment you are using at any time to participate in BPAY View, a bill or statement is: not delivered to you on time or at all (other than because you failed to view an available bill); delivered to the wrong person; delivered with incorrect details; or delivered to you after you have unsuccessfully attempted to deregister from using BPAY View You must contact the applicable Biller to advise them of the error and if applicable obtain a correct paper bill or statement as soon as you become aware of the error. You are responsible for any charges or interest which are payable to the Biller due to any late payment as a consequence of such error. Please contact the Biller directly if you have any queries in relation to bills or statements. Receiving paper bills and statements instead of electronic ones You may receive from the applicable Biller paper bills and statements instead of electronic bills and statements, although the Biller may charge a fee where you request a paper bill in addition to an electronic version.   Unless we are also the applicable Biller, we accept no liability to provide you with a paper bill or statement in any of the following circumstances: a. if you or the Biller deregister from BPAY View; b. if we receive notification that your mailbox is full or that you cannot receive any email notification of a bill or statement; c. if our email to you is returned to us undelivered, e.g. your email address is incorrect or cannot be found; d. if we are aware that you are unable to access your email or our NetBank website or a link to a bill or statement for any reason; or e. if any function necessary to facilitate BPAY View malfunctions or is not available for any reason for longer than the period specified by the applicable Biller. However, we will take all reasonable steps to advise the applicable Biller of the circumstances, unless the Biller already knows about them.  We may disclose that the above circumstances have occurred to the institutions listed (refer to 'Personal and transactional information'). Changes to Electronic Banking Terms and Conditions Our obligation to give you advance notice as specified below does not apply if changes are required to immediately restore or maintain the security of a system or an individual facility, including the prevention of systemic or individual criminal activity, including fraud. Change Minimum number of days' notice Method of notice Introduce or increase a fee or charge relating solely to the use of or the issue of any additional or replacement cards, PINs, passwords or other codes used to access your account.   30 days In writing* unless we cannot locate you. Increase your liability for losses relating to transactions using a card, PIN, password or other code (subject to the liability limits established in these terms and conditions). 30 days In writing* unless we cannot locate you. Introduce, remove or adjust the daily transaction limit or other periodical transaction limits applying to the use of your card, PIN, password, other code, an account or electronic equipment. 30 days In writing* unless we cannot locate you. Any other change. Before the day of change In writing* or by advertisement in the national or local media. * If you receive electronic statements and notices, we may provide the notice by email or on NetBank and send you a notification email to tell you it's available to be viewed in NetBank. If there are a lot of important or a sufficient number of cumulative changes, we will issue a new brochure setting out all the changes made to the Terms and Conditions in this brochure. We will also give you notice of the variation with an account statement (as applicable). Severance If any part of any of these Terms and Conditions is found to be void or unenforceable for unfairness or any other reason (for example, if a court or other tribunal or authority declares it so), the remaining parts of these Condition of Use will continue to apply as if the void or unenforceable part had never existed. Customer information and privacy For information about our information collection practices, please see our Group Privacy Policy available on our website at commbank.com.au (follow the Privacy Policy link) or upon request from any branch of the Bank. Our policy should be read in conjunction with the privacy disclosures we give you when you apply for a product or service. Our policy includes information about: the ways we may collect, use or exchange your information; how you may access and seek correction of the information; and how to make a complaint about a breach of your privacy rights, and our complaint handling procedures. 6.20.01 Acceptable Use of UQ ICT Resources 1. Purpose and Objectives The University of Queensland’s Information, Communications and Technology (ICT) resources are provided to support and enhance the University’s activities. This policy informs Users of UQ ICT resources of their rights and responsibilities. This policy also applies to the use of information that may be accessed via ICT resources. This policy must be read in conjunction with the Procedures for the Acceptable Use of ICT Resources and associated Procedures and Guidelines related to specific ICT-related hardware, software and applications. While this policy applies to email, additional policy statements specific to email are found in 6.20.06 Email for Staff and Students. 2. Definitions, Terms, Acronyms Account/UQ Sign-In - access provided by UQ to any ICT resource or any non-UQ ICT resource utilised for UQ purposes ICT - Information Communication Technology. ICT products and services are defined as all types of technology (data, voice, video etc) and associated resources which relate to the capture, storage, retrieval, transfer, communication or dissemination of information through the use of electronic media. User - all staff, students, contractors, third parties, clinical and adjunct title holders, affiliates, alumni and all other people who legitimately access UQ’s systems and/or network Other Entities - External organisations which may provide cloud solutions (e.g. Microsoft), host services such as Wimba and Turnitin, and UQ affiliated and wholly owned organisations 3. Policy Scope/Coverage This policy applies to all Users of UQ’s ICT resources. The policy also applies to anyone connecting non-UQ or affiliated (including personally-owned) ICT equipment (e.g. laptops) to UQ’s network. 4. Policy Statement UQ sets policy on the acceptable use of UQ ICT resources in respect of provision of resources, access to resources, responsible, ethical equitable and legal use of resources, security and privacy, compliance and breaches and responsibilities. Policy details on each of these aspects are outlined in sections 5-10 below. 5. Provision of ICT Resources ICT Resources encompass infrastructure, equipment, software, and facilities including technologies such as computers, smart phones, the Internet, broadcasting technologies (radio and television), and telephony. ICT resources include: All networks, hardware, software and communication services and devices which are owned, leased or used under licence by UQ including UQ’s academic and administrative systems; Computing facilities and information resources maintained by Other Entities , but available for use through an agreement or agreements with UQ; and Staff and student web pages hosted on UQ ICT Resources. UQ recognises the importance of ICT and provides access to Users for University and other authorised purposes according to need and available resources. Usage is subject to the conditions set out in this policy and associated procedures. Access to ICT resources through the University network is a cost to the University and is not provided to Users unconditionally. UQ does not permit its ICT resources to be used for unauthorised activities. UQ cooperates with network providers, legal authorities of the State and Commonwealth, and the international community to provide a reliable and trustworthy service. Whilst UQ respects the privacy of Users of ICT Resources, UQ reserves the right to monitor User activity and take appropriate action if misuse of resources is identified. Monitoring for misuse of UQ ICT Resources must be authorised by the Director, ITS. 5.1 Software UQ requires that Users and Organisational Units use and install software in compliance with licence terms and conditions. It is a criminal offence if an individual makes an infringing copy of software with the intention of obtaining a commercial advantage or profit and if the individual knows or ought reasonably to know that the copy is infringing copyright. Installation of privately purchased and owned software on University systems is not advised. If this is necessary, the owner must contact either their local Software Licensing Point of Contact or ITS Software Licensing to have the software registered and to check the installation is allowed under the license terms. Proof of purchase is required, consisting of the license certificate and original media, and the invoice if it is available. 5.2 Computing resources for students UQ will continue to provide on-campus computer facilities in line with equity principles and legislative requirements. UQ organisational units and affiliates must ensure that adequate on-campus ICT facilities are provided for learning requirements. 5.3 Information management Users must take appropriate steps to ensure the security, confidentiality, and integrity of all UQ related information stored or received, including measures to prevent loss of information. Please refer to the ‘ICT Security Management Policy’ for further detail. 5.4 Records management It is the responsibility of staff and RHD students to submit to the relevant records storage system any information that is (or is reasonably likely to be at that time) a university record or part of a university record as outlined in 1.60.4 Records Management. 5.5 Cloud Computing It is the responsibility of administration system owners to follow the Qld Government Cloud Computing Guideline when implementing a cloud computing solution for administration systems. Within the Qld Government Cloud Guideline, there is reference to the Department of Defence Cloud Computing Security Considerations. Administration system owners should consider the checklist in this document when conducting an analysis of a cloud computing solution. A decision tree is presented on the ITS Website to facilitate the decision making process of a cloud deployment model. 6. Access UQ account and email address is provided for access to UQ ICT Resources. Access to the Internet must be via an authorised account associated with the User or to the corresponding UQ authorised and registered application. Conditions apply for Users who are under 18 as outlined in the associated procedure. Users must protect the security and integrity of their access e.g. account, password and equipment on which this is saved. UQ reserves the right to remove or limit access to ICT resources, and to remove or limit access to material and resources stored on University-owned computers or other resources. Changes to access must be directed to the Director of Information Technology Services. Access to all resources utilising central UQ Sign-in (e.g. finance, HR, student) will be subsequently terminated when Users cease association with UQ (e.g. when a staff member is no longer employed, or when a student is no longer enrolled). 7. Responsible, Ethical, Equitable and Legal Use of ICT Resources UQ requires all Users of its ICT resources to do so in a responsible, ethical, equitable and legal manner and in accordance with the UQ Code of Conduct (PPL 1.50.01 Code of Conduct). Guidance on acceptable use is outlined in the associated guidelines. The University understands that research and teaching and learning purposes may require exceptions to the given examples. 7.1 Legal and policy framework Users of University ICT resources must be aware that use of these resources is subject to the full range of Australian laws as well as any other relevant University policies and statutes. This includes (but is not limited to) areas such as copyright, breach of confidence, defamation, privacy, contempt of court, bullying and cyber-bullying, harassment, vilification, anti-discrimination, wilful damage and computer hacking. Users should be aware that access to some third party applications and content has separate contractual arrangements and terms and conditions which may apply over and above this policy. 7.2 Publishing UQ Web publishing guidelines apply to all material published using UQ resources. Carrying of advertising or commercial logos on UQ web pages requires prior permission from the Head of the Organisational Unit. 7.3 Limited personal use The use by UQ Staff of ICT resources for personal purposes is not generally permitted unless such use is kept to a minimum. Limited Personal Use is defined in the associated procedure. 8. Security and Privacy Access to information through ICT Resources will only be provided if there is a legitimate need. Users should be aware that legal or other requirements may necessitate access, retention, inspection and release of electronic files and communications (including email) held on or transferred through the University’s systems (including after termination) unless otherwise stipulated by PPL 4.10.13 Intellectual Property for Staff, Students and Visitors. This includes authorised monitoring of User activity when investigating possible misuse and may include any personal information held on UQ ICT Resources. Users who have authorised access to private information about staff or students, or confidential information of the University must respect the privacy of others and maintain the confidentiality of the information to which they have access in accordance with privacy laws and any UQ policies. 9. Compliance and Breaches 9.1 Notifying and handling of breaches Users who become aware of possible breaches of this policy must report it to either: their supervisor or manager; their Organisational Unit Head; or the Director, Information Technology Services. The Director, ITS is responsible in the first instance for handling potential breaches for Users other than students or staff. This could result in revocation of access. Formal disciplinary action for students will occur in accordance with 3.60.04 Student Integrity and Misconduct. Formal disciplinary action for staff will occur in accordance with the Misconduct/Serious Misconduct clauses as outlined in the Enterprise Agreement. UQ may refer serious matters or repeated breaches to the Chief Operating Officer, Director of Human Resources Division, the Head of the relevant Organisational Unit or to the appropriate external authorities which may result in civil or criminal proceedings. UQ has a statutory obligation to report illegal activities and corrupt conduct to appropriate authorities. 9.2 Penalties associated with breaches Penalties for misuse of ICT resources may range from loss or restriction of access to accounts, to formal disciplinary action or in some more serious instances criminal or civil proceedings. This could include financial penalties. 10. Responsibilities Heads of OUs are responsible for compliance with and communication of UQ ICT policies. The Director of ITS has the responsibility for coordinating the implementation of this policy and its associated documents. 6.20.02 UQ Software 1. Purpose and Objectives This procedure informs all UQ staff of their rights and responsibilities when using software at the University and is designed to minimise the risks of a copyright infringement by the University and possible breaches of software licence terms. This procedure must be read in conjunction with the Policy for Acceptable use of UQ ICT Resources and the associated procedures and guidelines related to specific ICT‑related hardware, software and applications. 2. Definitions, Terms, Acronyms Information Communication Technology (ICT) products and services - all types of technology (data, voice, video etc) and associated resources which relate to the capture, storage, retrieval, transfer, communication or dissemination of information through the use of electronic media. Enterprise Agreement - The University of Queensland Enterprise Agreement 2014 - 2017 SIMC - Strategic Information Management Committee Software - includes, but is not limited to, purchased or commercial software, sound, graphics, images, or datasets; shareware; freeware; and electronically stored documentation and the media that holds it. Not included in this definition are non-copyrighted computer data files that have no significance beyond the individual or organisational unit. Software Licence/Licence Agreement/End-User Licence Agreement (EULA) - A legal instrument (usually by way of contract law) governing the usage or redistribution of software. All software is copyright protected, except material in the public domain. A typical software license grants an end-user permission to use one or more copies of software in ways where such a use would otherwise potentially constitute copyright infringement of the software owner's exclusive rights under copyright law. Software Piracy - unauthorised copying or distribution of copyrighted software. This can be done by copying, downloading, sharing, selling, or installing multiple copies onto personal or work computers. Software Audit - A process that identifies what software is installed, where it is installed, its usage, and provides a reconciliation of this discovery against usage. From time to time internal (driven by UQ) or external (vendor driven) audits may take a forensic approach to establish what is installed on the computers in an organisation with the purpose of ensuring that it is all legal and authorised and to ensure that the process of processing transactions or events is correct. Software Licence Compliance - Clear documentation that the number of legally obtained and genuine software licences matches the number of installed instances of a given software product on the University’s systems or devices. Software Licensing Points of Contact (POC) - A staff member within each organisational unit who is responsible for: Tracking all software orders and provide purchasing support for their organisational unit Maintaining the unit’s software licence repository as required by the UQ Software Policy Tracking all software installs and changes to installs. Ensuring the unit is accountable and audit‑ready Acting as a liaison between the organisational unit and ITS Procurement for all software licensing related issues. UQ ITAM - Central IT hardware and software management system 3. Procedures Scope/Coverage The diverse and geographically dispersed framework of the University increases the risk of exposure to non-compliance of the Copyright Act and software license agreements. The following procedure will therefore apply to the use of software within The University of Queensland and its affiliates. 4. Procedures Statement This procedure provides additional detail on software in respect of procurement, licence compliance, responsible use, audits and penalties for non-compliance. Details on each of these aspects are outlined in sections 5 – 9 below. 5. Software Procurement 5.1 All software in use within The University of Queensland must be for legitimate work purposes, approved by management prior to installation and appropriately purchased according to the licence terms and conditions and the University’s financial management policies and procedures. 5.2 Where the University's licensing agreements do not allow use of the software on personally owned equipment staff must purchase their own legally licensed copies of the software. 5.3 Software that is not otherwise available for free under the terms of its accompanying licence (for example: commercial software) must be purchased through ITS Procurement or nominated POC of the organisational unit. 5.4 Software purchased through ITS Procurement will be automatically recorded for compliance purposes in the ITAM system. 5.5 The same purchasing rules apply to online software purchases as purchases using traditional mechanisms. 5.6 Software purchases must take advantage of existing volume discounts, site licences, preferred supplier agreements or any other mechanism to reduce costs. 5.7 During the process of purchasing software, nominated POCs of organisational units are required to check within the ITAM tool for the existence of current agreements, and with ITS Procurement for planned agreements and intended software purchases. 5.8 Acquisition of new site and volume licence agreements must be coordinated by ITS Procurement to ensure that correct University procedures for negotiating and signing new legal agreements are followed. 5.9 All University-wide software licensing agreements that the University or its affiliates may enter into must be first reviewed by the UQ Legal Office prior to acceptance and must be signed by the Chief Operating Officer on behalf of The University of Queensland. The Director ITS can also sign selected agreements, for example: renewal of ongoing licence agreements. 5.10 Where software must be registered with the author(s) or vendor(s) of the software, “The University of Queensland” must be used as the licensee Name where possible. 5.11 Staff must follow any additional applicable procedures and guidelines that the University may from time to time issue through an authorised organisational unit. 6. Software Licence Compliance 6.1 All software in use within The University of Queensland must be used in compliance with the accompanying licence terms and conditions. 6.2 Staff obtaining and/or using software must make themselves aware of their obligations regarding the possession and use of the software. 6.3 Heads of organisational units are responsible for nominating a POC within their unit to maintain the Unit’s software register through the ITAM system and to liaise with ITS Procurement for software purchasing. 6.4 An appropriate number of licences must be purchased to reflect the level of usage of the software within the organisational unit. 6.5 The type of licences purchased must reflect the use to which the software will be put and the manner of deployment being employed by the organisational unit. ITS Procurement can provide advice on these issues. 6.6 Staff will not unlawfully copy software installation media or use copies of illegal software. 6.7 ITS Procurement will update the ITAM system with licence records for any site licences or software that has been purchased through ITS Procurement. POCs will create licence records for any software purchased directly from suppliers. 6.8 POCs will periodically liaise with ITS Procurement for validating the register of software licences for their Organisational Unit. 6.9 If any system or device is found to be running software that is either unlicensed, or unregistered with ITS Procurement or the Software Licensing POC person within the organisational unit, the Director, ITS may immediately remove network access from such a device until satisfied that the software has either been licensed and registered or removed. 6.10 Use of software covered under University licence agreements on personally owned hardware is not allowed except where expressly covered under the terms and conditions of the licensing agreement for that software. 6.11 In cases where use of licensed software by staff on personally owned systems is allowed, the software must be used in accordance with the stated terms and conditions of the licence agreement and it is the staff member's responsibility to make themselves familiar and comply with those terms and conditions. 7. Responsible Use of Software 7.1 Software master media (where applicable) must be securely stored in order to avoid theft and/or unauthorised use or copying. 7.2 Any software no longer required (for example: surplus, obsolete) should be uninstalled, redeployed, disposed of or returned in accordance with the agreed licence terms and conditions. 8. Software Audits 8.1 Copyright owners can obtain the right, through an Anton Piller order, to enter business premises, unannounced, and search for evidence of illegal copying of software. 8.2 Additionally, many of the licence agreements agreed to by the University give the copyright owner the right to audit, with notice, the University’s systems for evidence of non-compliance with contract terms. 8.3 Heads of organisational units may request the Director, ITS to undertake a software audit as part of an agreed Services Portfolio for ITS support of their systems. This service may incur an additional charge and Heads should contact ITS to discuss this. 8.4 The Director, ITS is not obliged to report on software which has been purchased outside of ITS Procurement but may choose to do so. 8.5 Where Heads of organisational units have no agreed services portfolio with ITS, they remain responsible for using the ITAM system to produce a software audit report of their Unit’s systems and devices when required. 8.6 Any software discovered during these audits which is not recorded in the ITAM system should have an appropriate licence purchased as needed, should be removed immediately, or if purchase records can be found it should be added to the ITAM system. 8.7 Organisational unit POC’s will ensure that the ITAM system is maintained accurately and that the inventory agent is deployed so that the system can produce compliance information showing a comparison of actual use against licences held when requested by SIMC or the Director, ITS to fulfil an auditing request. 8.8 Staff are required to notify their supervisor or their organisational unit Head of any illegal copies of software or related documentation of which they become aware. As necessary/appropriate such issues may be reported under the Public Interest Disclosure Act as outlined in PPL 1.60.03 Public Interest Disclosure Policy. 8.9 If staff receive an audit letter, this should be passed onto the Legal Office and under no circumstances should discussions be entered into with the author/vendor by other than the Legal Office. 9. Penalties for Non-Compliance 9.1 University Disciplinary action may be taken against staff engaged in the unlawful copying, use or distribution of software, as per the Misconduct/Serious Misconduct clauses in the Enterprise Agreement. 9.2 Criminal penalties as per the Copyright Act 1968 (Cth) Fines up to $93,500 and /or up to five years imprisonment for individuals Fines up to $467,500 and/or up to five years imprisonment for companies. 9.3 Civil penalties as per the Copyright Act 1968 (Cth) Making or using illegal copies of software for your personal use or at work is a civil offence under the Copyright Act and offenders are liable for: Damages of an unlimited amount (determined by the Court) Court costs in many circumstances, which can also be substantial. 6.20.03 Telephone Charges 1. Purpose and Objectives This document outlines the procedures that apply to UQ organisational units regarding the charging of desk telephone call costs. 2. Definitions, Terms, Acronyms PABX - Private Automatic Branch Exchange. A privately owned telephony exchange which operates within an organisation to switch and route phone calls. Operates as a branch of the main carrier network. Mobile Phone - These are the GSM mobile phones or mobile services supplied to the University by carriers. These include basic mobiles, smartphones, data plans and data modems. Landline Phone - Also referred to as "PABX phone" or "fixed line" phone. This is the physical phone on a staff member's desk, or used in labs, foyers, lecture theatres, common rooms and University call centres. They are sometimes wall mounted. Other phone services included in this definition are PC based phones, PABX clients on mobiles, the UQ PABX micro cellular phones and cordless phones. Phone lines for the support of modems, Multi-Function Devices (MFDs), Security alarm diallers, fax machines, lift intercoms, and Emergency call points are also included. 3. Procedures Scope/Coverage This procedure applies to all UQ organisational units. 4. Procedures Statement This procedure provides information on telephone charging in respect of PABX phones, mobile phones, and telephone assistance. Details on each of these aspects are outlined in sections 5 – 7 below. 5. PABX Phones 5.1 Landline or PABX telephone services at St. Lucia, Ipswich, Gatton, Herston Medical School, Dental School Turbot Street, Indooroopilly, and Pinjarra Hills campuses and Customs House and the PACE facility at PA are provided using a central PABX. 5.2 The central PABX provides facilities to control which extensions can make direct mobile phone, STD and ISD calls. 5.3 Call costs associated with extensions at the locations above will be charged to organisational unit general ledger accounts via a monthly journal. 5.4 Call costs for extensions on campuses and locations not covered by the central PABX will be charged to the relevant business unit accounts when the University’s phone carrier’s account is paid. 5.5 Organisational units in locations covered by the central PABX will be provided with a monthly summary report of the calls which have been charged and will be able to request more detailed printed reports. These are available from the Call Accounting Helpline (extn 52000), and a charge for these reports is applicable. Call details for organisational units with a presence on sites not covered by the central PABX will be provided in the University’s phone carrier’s account. 5.6 Funds will be allocated to business units to offset the costs of calls, and these funds will be based upon established historical usage patterns. 5.7 Details on how to change or relocate existing telephone equipment or request new installations can be found on the ITS web site Telephone Services, in the "PABX and Landline phones" section. Works and new services will be charged according to the charges in the "Catalogue of Standard Charges for Telephone Services". This document is available on the Telephone Service section of the ITS web site, or by contacting ITS Telephone Help Line on extension 51000. 5.8 Costs associated with changes to existing telephone equipment or new installations extensions at the locations above will be charged to organisational unit general ledger accounts via a monthly journal. 6. Mobile Phones 6.1 The University has contracts with Telstra and Optus for mobile phones and plans. Telstra is the preferred carrier for mobiles. 6.2 The mobile phone contracts are not exclusive. In cases where special coverage or access requirements exist, mobile phones and plans may be sourced from alternate carriers. 6.3 Details on the plans, handsets and subsidised handsets from the suppliers can be found on the ITS web site Telephone Services, in the "Mobile phones and plans" section. 6.4 Advice on the most suitable phone handsets, plans and mobile service cost management can be obtained through contacting UQ Mobiles via extn 66622 or emailing UQmobiles@uq.edu.au. 6.5 Details on how to order a mobile phone or service or changes to existing plans can be found on the ITS web site Telephone Services, in the "Mobile phones and plans" section. 6.6 Charges associated with call costs for Telstra mobile services will be charged to organisational unit general ledger accounts via a monthly journal. 6.7 Authorised UQ financial delegates can be given access to Telstra's MBRS (Managed Billing and Reporting Service) to enable them to track and monitor their user's Telstra phone expenditure. To gain access to a MBRS account, email UQmobiles@uq.edu.au with the mobile service number. 6.8 Charges associated with call costs for mobile services from carriers other than Telstra will be invoiced directly to the organisational unit by the carrier. 7. Telephone Assistance 7.1 To report faults or service difficulties with telephones, call the ITS Telephone Help Line on extension 51000, or ITS Service Desk on extension 56000 – option 5. 7.2 To report faults or service difficulties with mobile services, call UQ Mobiles on ext 66622 or email UQmobiles@uq.edu.au 7.3 For free consultation on which telephone equipment/engineering best suits your organisational unit's needs, call the Telephone Help Line on ext 51000. 6.20.04 Using Desktop Voice Calling and Personal Video Conferencing Software inc. Skype 1. Purpose and Objectives This guideline details the specific actions and process that must be followed to implement the Acceptable Use of UQ ICT Resources Policy in relation to online video or voice conferencing. The guideline outlines the responsibilities of all users of UQ ICT Resources. 2. Definitions, Terms, Acronyms Account/UQ Sign-In - access provided by UQ to any ICT resource or any non-UQ ICT resource utilised for UQ purposes ICT - Information Communication Technology.  ICT products and services are defined as all types of technology (data, voice, video etc) and associated resources which relate to the capture, storage, retrieval, transfer, communication or dissemination of information through the use of electronic media. User - all staff, students, contractors, third parties, clinical and adjunct title holders, affiliates, alumni and all other people who legitimately access UQ’s systems and/or network Other Entities - External organisations which may provide cloud solutions (e.g. Microsoft), host services such as Wimba and Turnitin, and UQ affiliated and wholly owned organisations 3. Guidelines Scope/Coverage This is a University-wide guideline, which applies to all users of University ICT resources – including (but not limited to) staff, students, contractors, third parties, associates and honoraries, alumni, conjoint appointments and visitors to the University. The guideline also applies to anyone connecting personally owned equipment (e.g. laptops) to the University network. 4. Guidelines Statement This guideline provides additional detail on online video or voice conferencing in respect of definitions, important things to know about generic applications and Skype in particular, using generic applications and Skype in particular at UQ and what to do if your computer becomes a Skype “supernode”. Details on each of these aspects are outlined in sections 5 – 10 below. 5. What is Online Video or Voice Conferencing? ITS recommends the use of Cisco Jabber for Online Video Conferencing, details of this can be found on the ITS website here. There are many freely available software applications that enable “free” voice and multimedia communication across the network e.g. Skype, Vidyo, Google Talk, etc.  These applications are generally self-configuring and work effectively on most computers or smart devices with a broadband or better connection. 6. Some Important Things to Know about Online Video and Voice Conferencing Before you have online video or voice conferencing software installed and start using it on your computer you should be aware of a few things. • The popularity of these applications combined with the fact that some use a proprietary code base has led to concerns over possible malicious exploits. As with all software applications, it is critical to patch and update the client regularly. • These applications rely on the intervening network to reliably transfer data between the end points of your call. This can sometimes have a significant impact on the quality and usability of the call. There can be no guarantee of service or quality when you use applications of this type. 7. Important Information Specific to Skype Skype uses a peer-to-peer approach where each individual client will perform some work on behalf of the Skype network. As the number of users grows, so too will the number of peers in the network, requiring some peers to do more work. These peers are elected as “super nodes” and start relaying large amounts of traffic for the Skype network, slowing other services and consuming or exhausting user Internet quota. 8. Using Online Video or Voice Conferencing at UQ If you plan to install and use one of these applications on a computer connected to the University network please remember and abide by the following guidelines: • You should always use the latest version of the client software for the operating system installed on your computer and you should also make sure that it is patched to the most recent revision. • You should always have the University approved (and up to date) anti-virus software and system security software running when you are using these applications. • Support for these applications is offered on a on a "best efforts" basis only and issues of connectivity or call quality beyond the UQ-border may affect the ability of IT staff to resolve problems, particularly if the issues are related to network bandwidth or latency. • ITS does not provide support for these applications in centrally controlled teaching spaces. • Remembering to shut the client down when you are finished your call will help reduce the chance that it could be compromised or exploited to gain unauthorised access to your computer, your data and your UQ credentials. • Whilst these applications can be configured to remember credentials and passwords it is very poor security practice to do so and you should avoid making the configuration change. 9. Using Skype at UQ Despite the apparent drawbacks, Skype can be extraordinarily useful and it is important to remember that Skype is in wide use at the University. If you plan to install and use Skype on a computer connected to the University network please remember and abide by the following guidelines: • You should only use Skype on computers that are connected to the network via BROADHOP on private TCP/IP addresses. This is to prevent them becoming “super nodes” and using up valuable network or computer resources. • You should not use Skype on computers connected directly to the Internet via a public TCP/IP addresses. • As a rule of thumb, Skype should not be installed on general laboratory or classroom computers whether they are connected via BROADHOP or not. If you need to install Skype on a laboratory or classroom computer please check first with your local IT Support Officer, or the IT Service desk. 10. What happens if my computer does become a Skype “super” node? If a computer on which Skype is installed is detected as using an excessive amount of bandwidth, IT Support staff will be requested to disable access or remove it from the network until it can be safely reconnected. If this occurs when you are not available to be contacted, your computer may be disconnected from the network remotely. 11. Further Information Please remember that online video or voice conferencing software is not a replacement for a normal phone, and cannot be relied on for making emergency calls. Please click on the following links to find out more information about Skype from their website or to download the latest version of the client software. Please note that if you are viewing this page from within the UQ Network you may be asked to authenticate. • Download the latest Skype client software • Visit the Skype website • Check out an alternative to Skype, Microsoft Communicator For clarification on any matter in relation to this Guideline, please contact your local IT Support or the Director (ITS), ph. 3346 6881, email help@its.uq.edu.au. 6.20.06 Email for Staff and Students 1. Purpose and Objectives This policy provides specific details regarding the hosting, management and use of UQ’s email service. This policy is an extension of the more general Acceptable Use of UQ Information and Communication Technology Resources Policy and associated procedures and guidelines and must be read in conjunction with that policy.  2. Definitions, Terms, Acronyms Users - staff, students and alumni who are provided with a UQ email account OU - organisational unit SIMC - Strategic Information Management Committee Alumni - Graduates of all UQ degree programs, awardees of honorary doctorates, incoming exchange and study abroad students are considered UQ Alumni for the purpose of this policy. 3. Policy Scope/Coverage This policy applies to all users and providers of UQ’s ICT email service. 4. Policy Statements ITS will maintain the official email system for UQ whether it be provided internally or through an agreement with an outsourced services provider. If an OU wishes to maintain their own email server, approval must be obtained from the Chair of the SIMC. A UQ email address will be used by UQ for the delivery of all official University email. Staff must not use externally hosted accounts for university correspondence, except where approved by the head of the appropriate OU. Staff emails (including staff accounts provided to RHD Students) must not be automatically forwarded to an external service provider (such as Big Pond, Google, Yahoo) except for specific exceptions in each case. Staff are required to use their official UQ email address on all university business correspondence. Retiring academic staff will retain their email account for life.  Email for life does not apply to academic staff who leave UQ but who are not retiring.  Accounts with no activity for a period of 6 months will be terminated.  Users of "Email+ for Life" are required to comply with the Email+ for Life Terms of Use. Students and Alumni may forward University of Queensland email to another account, either internal or external. It is the responsibility of users to ensure they check and maintain their University email account on a regular basis. Subject to PPL 4.10.13 Intellectual Property for Staff, Students and Visitors, a UQ staff (including RHD staff) email account and its contents is owned by UQ whether the account is supported by UQ or authorised third parties. UQ may monitor, access, restrict, terminate or suspend email accounts under any of the following circumstances:  When the user or the user's account has breached a UQ policy For security and system maintenance purposes When approved by the Provost, the Chief Operating Officer or the Director of Information Technology Services, under the Procedures applicable to this Policy. Email messages are documents of the University for the purpose of the Right to Information Act 2009 and the Information Privacy Act 2009. Only designated representatives of the University may send communications to many recipients in a single email except where staff or students subscribe to this service. Examples of multiple recipient groups and details of authorisation are given in the Procedure ‘Sending Bulk Messages'. 6.20.07 Sending Bulk Messages 1. Purpose and Objectives This procedure outlines The University of Queensland's position on sending bulk messages.  This procedure should be read in conjunction with PPL 6.20.01 Acceptable Use of UQ ICT Resources. 2. Definitions, Terms, Acronyms Cohort of Students - students grouped by course or program. User, Authorised User - all staff, students, contractors, third parties, clinical and adjunct title holders, affiliates, alumni and all other users who access UQ’s systems and/or network. 3. Procedures Scope/Coverage This procedure applies to all staff and students of the University in the sending of bulk communications. 4. Procedures Statement This procedure provides additional detail on the sending bulk messages in respect of email bulk messaging, SMS bulk messaging, compliance, use of bulk messaging, sending bulk messages, subscribed broadcasts, authorization, and seeking authorisation to approve broadcast electronic communication. Details on each of these aspects are outlined in sections 5 – 13 below. 5. Email Bulk Messaging 5.1 The University provides an email address to authorised users. The University also provides a directory of contact information for all staff and students and a messaging system that allows staff members, with relevant authorisation, to send bulk email messages to groups of recipients. 5.2 Other systems within the university also provide a method for bulk emails. These include SI-Net, e-Learning, Library and data warehouse systems. These systems allow staff to email cohorts of students. 6. SMS Bulk Messaging 6.1 SMS also provides the ability to broadcast messages to multiple recipients. The University does not wish to flood mobile phones with messages to students and staff as this could reduce the effectiveness of messages sent. 6.2 Mobile phone numbers are not available for all staff and students. 6.3 Consequently, the sending of bulk SMS messaging to students is restricted, so the number of messages received from The University of Queensland is kept small and focused on high priority topics. 6.4 In addition to the tightly controlled distribution of official information via SMS, students may wish to “opt-in” to additional SMS services available at UQ. 6.5 Some staff are provided with mobile phone numbers as part of their work requirements. 6.6 Where overseas mobile phone numbers are provided to UQ for the purposes of receiving official University-initiated SMS messages as authorised below, a charge may be incurred by the student or, in the case of staff, the business unit providing the mobile phone. 6.7 SMS can also be provided to staff and students as a user pays service where staff and students have opted in for this service. 7. Compliance 7.1 Messages sent by electronic communication must be consistent with existing University policies and statutes.  8. Use of Bulk Messaging 8.1 Broadcast communication must be used for University purposes only. The sender of broadcast communication is construed to be a representative of the University. 8.2 The email address provided by the University to authorised users is not a private facility over which the staff member or student has exclusive control to decide what will or will not be sent to him/her. 8.3 The University reserves the right to communicate to its staff and students, through its authorised managers, information which: Is relevant to the University as a whole (for messages to all, or large groups of staff or students) or to sections of the University such as Faculties, Schools or Divisions; and Is required for the effective functioning of the University or the relevant organisational unit; or which covers issues, policies, corporate events or decisions with a direct connection to the work of the University and its key organisational units. 8.4 Generally, advertising of events, or causes or services, should be communicated electronically through facilities such as my.UQ, web pages and subscription email lists or subscription SMS lists. For special circumstances, authorisation may be received from authorising officers (see '11.  Authorisation' below). 9. Sending Bulk Messages 9.1 It is possible to send messages to all staff or students in particular groupings (for example, all staff in the University, staff in a particular school or organisational unit, or students in a course). Messages can be sent to staff either by personal addresses at the University or role / function addresses at the University where an email alias/account has been set up for that role (such as Head of School, Course Convenor, Faculty Finance Officer). 9.2 Recipients of bulk messages should remain anonymous to each other. 9.3 Only designated and authorised staff members (as indicated in the tables in “11 . Authorisation” below) are to send bulk email messages except where staff or students subscribe to this service. 9.4 A central system is also available to send bulk SMS messages. The sending of bulk SMS messages is also restricted to authorised staff (as indicated in the tables in “11. Authorisation” below) except where the staff or student subscribes to this service. 9.5 The student username (including email addresses with the abbreviated student number), student number and student name should not be displayed together in the public domain including bulk emails which are accessible by other students. 10. Subscribed Broadcasts 10.1 The broadcast of communication messages to sub-sets of student or staff members (for example: members of UQ Sport, specific Student Union clubs and societies or Communities of Practice mailing lists), other than in circumstances outlined in 9.1, should occur only where: The recipients are subscribed members of a discussion group or other form of voluntary association that has been approved by the Chief Operating Officer;or Members can remove themselves from the list-server voluntarily. 11. Authorisation The following tables indicate the relevant authority for broadcasting of messages at The University of Queensland. Table 1: Authorisation of Broadcasts to All Students and/or Staff (unlimited access) Electronic Communication concerning Email SMS Authorised by All Students For the purposes of student and academic administration (e.g. Health Services, Enrolments, Student Union) Academic Registrar or nominee All Students To provide alerts regarding critical incidents  Chief Operating Officer  or nominee All Students To provide information about UQ IT services   Director, Information Technology Services  or nominee All Staff Director, Human Resources  or nominee All Staff To provide alerts regarding critical incidents Chief Operating Officer  or nominee All Staff To provide information about UQ IT services   Director, Information Technology Services  or nominee All Operational Staff To provide information about UQ IT services and to maintain the effective operations of services through Information Technology Services Director, Information Technology Services  or nominee All Library Users   University Librarian  or nominee All Staff and All Students To provide information regarding property and facilities matters Director, Property and Facilities or nominee Table 2: Authorisation of Broadcasts to a Particular Group of Students and/or Staff (limited access) Electronic Communication concerning Email SMS Authorised by Academic/faculty matters e.g. messages to students enrolled in a particular academic program; personnel involved in Centres associated with the faculty; or all postgraduate research students.   Executive Dean, Dean, UQ Graduate School or nominee Students in a designated course   Course Coordinator for the designated course or nominee or program Director or nominee All staff in an organisational unit As agreed by senior management within the Organisational unit. 12. Communication not covered in Section 11 12.1  Where communication is required to groups which are not wholly comprised of staff and/or students e.g. UQ Alumni, or external parties, the communication needs to be approved by the Chief Operating Officer. 12.2  Commercial Electronic Messages must comply with the Spam Act 2003 (FAQ) which requires: either express consent for the communication to be sent, or an existing relationship, and the communication contain clear and accurate identification of the sender and how to contact them, and details on how to opt-out of receiving further messages from this sender. 13. Seeking Authorisation to Approve Regular Broadcast of Electronic Communication 13.1 Where authorisation for regular broadcasting on matters additional to those identified above is required, permission must be obtained from the Chief Operating Officer. Areas should provide information on who would be authorised to send the message, the justification for requiring the service and the target audience. 6.30.01 UQ ICT Security 1. Purpose and Objectives The Information Security Policy is to enable organisational units of the University to meet their responsibilities for the security of UQ information held in electronic formats. This policy must be read in conjunction with the Procedures for the Information Communication Technology Security and other associated Procedures and Guidelines. 2.  Definitions, Terms, Acronyms ICT Asset - All applications and technologies that are owned, procured and/or managed by UQ.  These include desktop and productivity tools, application environments, hardware devices and systems software, network and computer accommodation, and management and control tools. Information - Any collection of data that is processed, analysed, interpreted, organised, classified or communicated in order to serve a useful purpose, present facts or represent knowledge in any medium or form. This includes presentation in electronic (digital), print, audio, video, image, graphical, cartographic, physical sample, textual or numerical form. Information Asset - An identifiable collection of data stored on ICT Assets and recognised as having value for the purpose of enabling UQ to perform its business functions, thereby satisfying a recognised UQ requirement. Information Security - Concerned with the protection of information from unauthorised use or accidental modification, loss or release. Information Systems - The organised collections of hardware, software, equipment, policies, procedures and people that store, process, control and provide access to information. NTSAF - Network Transmission Security Assurance Framework version 1.0.1 QGISCF - Queensland Government Information Security Classification Framework version 2.0.1 Secure Area -  Provides the highest integrity of access to, and audit of, Security Classified Information Assets to ensure restricted distribution and to assist in subsequent investigation if there is unauthorised disclosure or loss of information assets. The essential physical security features of a Secure Area include: appropriately secured points of entry and other openings tamper-evident barriers, highly resistant to covert entry an effective means of providing access control during both operational and nonoperational hours all persons to wear passes all visitors escorted at all times during non-operational hours a monitored security alarm system, providing coverage for all areas where Security Classified information assets are stored an approved means of limiting entry to authorised persons. Security Classified Information - Information which has been assessed against the Queensland Government Information Security Classification Framework (SGISCF) and assigned a classification. SIMC - UQ’s Strategic Information Management Committee Stakeholders - all staff, students, contractors, third parties, clinical and adjunct title holders, affiliates, alumni and all other individuals who access UQ’s systems and/or network. System - A combination of Information Assets and ICT Assets supporting a business process. The Guideline - The PPL ICT Security Guideline The Procedure - The PPL ICT Security Procedure 3. Policy Scope/Coverage This policy applies to system owners and staff responsible for implementation and maintenance of information assets and ICT assets. 4. Policy Statement UQ sets policy on UQ information security in respect of policy, planning and governanance, asset management, human resources management, physical and environmental management, communications and operations management, access management, system acquisition, development and maintenance, incident management, business continuity management, and compliance management. Policy details on each of these aspects are outlined in sections 5-14 below. The policy recognises that effective IT security involves the cooperation of organisational units across the University and depends on responsible use of the University's IT systems by its users. This policy takes into account the State Government Information Standard on Information Security (IS18) (v5.0.0 November 2010). In the environment of the University, security should be pragmatic and not unduly compromise the principle of providing students, staff and other authorised users with access to accurate, relevant and timely information. In line with The Queensland Government Information Security Policy Framework, the University of Queensland's Information Security Policy is directed at the preservation of the following principles: Confidentiality: ensuring that information is accessible only to those authorised to have access. Integrity: safeguarding the accuracy and completeness of information and processing method. Availability: ensuring that authorised users have access to information and associated systems when required. Responsible use: ensuring that controls are in place so that users of UQ IT systems are not able to affect adversely other users or other systems. Compliant Use: meeting legal and contractual obligations. 5. Policy, Planning and Governance 5.1 Information security policy This policy will be communicated on an ongoing basis and be accessible to all stakeholders. Exemptions to ICT policy statements require approval from SIMC (or a position delegated by SIMC). 5.2 Information security plan The UQ ICT Information Security Plan must align with UQ’s Mission Statement, Strategic Plan and risk assessment findings. The Guideline provides further information. A threat and risk assessment must be conducted for all ICT assets that create, store, process or transmit Security Classified Information. 5.3 Internal ICT governance Roles and responsibilities to implement, maintain and control operational information security are detailed in The Procedure. Endorsement for the information security internal governance arrangements must be obtained from SIMC. 5.4 External party ICT governance Third party service level agreements, operational level agreements, hosting agreements or similar contracts must clearly articulate the level of security required. 6. Asset Management 6.1 ICT asset protection responsibility All ICT assets that create, store, process or transmit Security Classified Information must be assigned appropriate controls in accordance with the QGISCF. A brief overview of the controls applicable to the security classifications of the majority of UQ’s Information is contained in The Guideline. All ICT assets that provide underpinning (core) and ancillary services must be protected from internal and external threats (e.g. mail gateways, domain name resolution, time, reverse proxies, remote access and web servers). 6.2 Information security classification All ICT Information Assets must be assigned an appropriate security classification and control in accordance with the QGISCF. Timeframes for implementation are outlined in The Guideline. Classification schemes do not limit the applicability of relevant legislation under which UQ operates. 7. Human Resources Management 7.1 During employment All employees must be made aware of UQ’s ICT information security policy, their security responsibilities, and associated security processes. Employees with access to HIGHLY PROTECTED information (as defined in QGISCF section 2.4) must acknowledge this has occurred. Responsibilities must be documented and communicated for employees with access to HIGHLY PROTECTED information or performing specific security related roles. 7.2 Post-employment (transfer or termination) Procedures for ensuring security during the separation of employees from (termination), or movement within UQ (transfer) are detailed in HUPP 5.80.10 Internal and External Staff Secondments and Job Exchange. 8. Physical and Environmental Management 8.1 Building controls and secure areas Building and entry controls for areas used in the processing and storage of Security Classified ICT Information must be established and maintained in line with the QGISCF as outlined in section 6 of The Guideline. 8.2 Equipment security All ICT assets that store or process information must be located in Secure Areas with control mechanisms in place to restrict access to authorised personnel only. Policies and processes must be implemented to monitor and protect the use and/or maintenance of Information Assets and mobile ICT Assets away from UQ premises. (Ref FMPM 6.1.7 Portable and Attractive Items). Policies and processes must be implemented to securely dispose and/or reuse ICT assets as referenced in The Procedure. 9. Communications and Operations Management 9.1 Operational procedures and responsibilities All information assets and ICT assets (including networks and methods for exchanging information within UQ) must be managed securely and consistently (in accordance with the level of security required). Operational change control procedures must be implemented to ensure that changes to information processing facilities or systems are appropriately approved and managed. 9.2 Third party ICT service delivery Third party service delivery agreements must comply with UQ’s Information Security Policy. 9.3 Capacity planning and system acceptance System acceptance must include confirmation of the application of appropriate security controls and of the capacity requirements of the system. System capacity must be regularly monitored to ensure risks of system overload or failure which could lead to a security breach are avoided. 9.4 Application integrity Adequate controls must be defined and implemented for the prevention, detection, removal and reporting of attacks by malicious code on all ICT assets. Vulnerability/integrity scans of core software must be conducted regularly to ensure detection of unauthorised changes. Anti malicious-code software must be regularly updated with new definition files and scanning engines. Employees must be educated about malicious code, the risks posed, virus symptoms and warning signs including what processes should be followed in the case of a suspected virus. 9.5 Backup procedures Comprehensive information and system backup procedures must be implemented. 9.6 Network security A procedure on scanning must be implemented to ensure that traffic entering and leaving the University network is appropriately scanned for malicious or unauthorised content. 9.7 Media handling Media handling procedures must be in line with the requirements of the QGISCF as outlined in section 6 of The Guideline. 9.8 Information exchange Methods for exchanging information within UQ, through online services, and/or with third parties must be compliant with legislative requirements and must be consistent with the QGISCF and the NTSAF which are outlined in section 6 of The Guideline. The type and level of encryption must be compliant with the requirements of the QGISCF and the NTSAF. 9.9 eCommerce All critical online services must have penetration testing performed periodically. Authorisation for publicly available eCommerce systems is outlined in the responsibilities section of The Procedure. 9.10 Information processing monitoring ICT assets must be synchronised to a trusted time source. Operator and audit/fault logs must be implemented on Information Systems. 10. Access Management 10.1 Access control policy Control mechanisms based on business requirements and assessed/accepted risks for controlling access to all corporate information assets and ICT assets must be established. Access control rules must be consistent with UQ business requirements, information classification, and legal/legislative obligations. 10.2 Authentication Authentication requirements including on-line transactions and services must be appropriate for the security classification of the information. 10.3 User access Access to information systems requires specific authorisation and each user must be assigned an individually unique personal identification code and secure means of authentication. 10.4 User responsibilities Users are responsible for complying with The Procedure and the Use of ICT Resources Policy and related documents. 10.5 Network access Authorisation from Information Technology Services Division must be obtained and documented for access (including new connections) to UQ networks. Authorisation from Information Technology Services Division must be obtained to modify or extend UQ networks. All wireless communications must have appropriate configured product security features and afford at least the equivalent level of security of wired communications. Remote access to UQ core business systems requires authentication and use of encrypted tunnelling technology. 10.6 Operating system access ICT assets utilising UQ Central sign-in have standard user registration, authentication management, access rights and privileges implemented. 10.7 Application and information access Restricted access and authorised use only warnings must be displayed upon access to all systems which have this capability. Access to all confidential/sensitive systems requires authorised approval. 10.8 Mobile computing and telework access Processes must be established for mobile technologies and teleworking facilities. 11. System Acquisition, Development and Maintenance 11.1 System security requirements Security controls must be commensurate with the Security Classifications of the information contained within, or passing across information systems, network infrastructures and applications. Security requirements must be addressed in the specifications, analysis and/or design phases and internal and/or external audit must be consulted when implementing new or significant changes to financial or critical business information systems. Security controls must be established during all stages of system development, as well as when new systems are implemented and maintained in the operational environment. Appropriate change control, acceptance and system testing, planning and migration control measures must be carried out when upgrading or installing software in the operational environment. 11.2 Cryptographic controls Cryptographic control must be consistent with those of the NTSAF. 11.3 System files Access to system files must be controlled to ensure integrity of the business systems, applications and data. 11.4 Secure development and support processes Processes (including data validity checks, audit trails and activity logging) must be established in business critical applications to ensure development and support processes do not compromise the security of applications, systems or infrastructure. 11.5 Technical vulnerability management Processes to manage software vulnerability risks must be developed and implemented. A patch management program for operating systems, firmware and applications of all ICT assets must be implemented to maintain vendor support, increase stability and reduce the likelihood of threats being exploited. 12. ICT Incident Management 12.1 Event/weakness reporting An information security incident register must be maintained and all incidents recorded . All information security incidents must be reported and escalated (where applicable) through appropriate management channels and/or authorities. Where a deliberate violation or breach of UQ information security policy or subordinate processes has occurred, this must be investigated and appropriate action taken. Responsibilities and procedures for the timely reporting of security events and incidents including breaches, threats and security weaknesses, must be communicated to all employees including contractors and third parties. 12.2 Incident procedures Information security incident management procedures must be established to ensure appropriate responses in the event of information security incidents, breaches or system failures. 13. Business Continuity Management 13.1 ICT disaster recovery Methods must be developed to reduce known risks to information and ICT assets. 14. Compliance Management 14.1 Legal requirements All legislative obligations relating to ICT information security must be complied with and managed appropriately. All information security policies, processes and requirements including contracts with ICT third parties, must be reviewed for legislative compliance on a regular basis. 14.2 Policy requirements All reporting obligations relating to ICT information security must be complied with and managed appropriately. The Information Security Compliance Checklist must be submitted annually to SIMC. 14.3 Audit requirements All reasonable steps must be taken to monitor, review and audit UQ’s ICT information security compliance, including the engagement of internal and/or external auditors and specialist organisations where required. 6.30.02 Corporate Printer Security 1. Purpose and Objectives This guideline contains information on securing print resources in support of the Acceptable Use of UQ ICT Resources Policy. Printers are no longer dumb devices with no storage capacity. Confidential and/or sensitive data often flows to printers and MFD. Without adequate security, this data could be subject to unauthorised access. It is not sufficient to rely on general security policies and procedures as they are not always specific regarding configurations.  Organisational Units should develop detailed standards, procedures or guidelines for the management and configuration of all networked printers and MFD. 2. Definitions, Terms, Acronyms Multi functional Device (MFD) - multi-function devices (MFDs) or multi-function printers that perform all or most of the following tasks: • Printing • Copying • Stapling/stacking • Digital sending to email • Digital sending to a network folder • Document Management Print Device - any printer or multi-functional device. 3. Guidelines Scope/Coverage This is a University-wide guideline which applies to all users of University ICT resources – including (but not limited to) staff, students, contractors, third parties, associates and honoraries, alumni, conjoint appointments and visitors to the University. 4. Guidelines Statement The default factory-set passwords on networked Print Devices should be changed as one of the first steps of deployment. This will reduce the risk of unauthorised configuration changes or access to documents. 4.1 Simple Network Management Protocol (SNMP) is an application-layer protocol that helps administrators monitor and manage network devices, including Print Devices. SNMP v3 or later should be used to manage Print Devices due to its more robust encryption and authentication mechanisms which minimize the risk of unauthorized access to modify Print Device configurations and information about documents processed by the Print Device. 4.2 Print Device -specific standards should be created that give detailed settings and instructions for optimal printer security 4.3 Critical Print Devices (used for printing, photocopying, scanning or faxing critical and private/personal information e.g. cheques, patients’ health information, student’s academic transcripts and testamur) should be located in a secure area. This is to prevent unauthorised access to confidential and personal or private information. 4.4 Access to modify files located in a Print Device buffer or print server should be limited to reduce the risk of unauthorised access or changes to the data 4.5 Print Device logs can be useful in auditing suspicious activity and should be enabled where necessary. 4.6 Services such as File Transfer Protocol (FTP) and Telnet should be disabled where possible to reduce the risk unauthorized use of the Print Device or modification of printer settings. 4.7 Services should be provided using HTTPS rather than HTTP to reduce risk of unauthorized access to documents and Print Device logs. Networked print devices should be put on a private IP address and network access to them should be restricted via available means such as local access controls on the device, or via a network firewall. 4.8 The latest security patches should be applied to reduce the risk of unauthorized access to documents. 4.9 System management and security procedures must be regularly reviewed to ensure they capture required process improvements. 4.10 Hard disk data “encryption” and/or “overwrite” features should be turned on where available to protect data from remote access or access to the Print Devices hard drive 4.11 The latest security patches should be applied to reduce the risk of unauthorized access to documents. 4.12 System management and security procedures must be regularly reviewed to ensure they capture required process improvements. 4.13 Information and records stored on the Print Device must be appropriately managed and removed prior to disposal of the device. 4.14 Re-writeable media (EPROM, laser printer and photocopier drums, hard disk drives, etc) may be sanitised for reuse by wiping or by using a suitable degaussing tool. Sanitisation of magnetic media by erasure should be performed using specifically designed security erasure software to effectively wipe the contents of electronic storage media. It is also important to ensure that any encryption keys are removed from the media. 4.15 Write once media (printer ribbons, PROM, ROM) cannot be sanitised and should be destroyed if they contain or may have contained security classified information assets. Commonwealth Bank Support Community - Terms & conditions References to “us”, “we” or “our” are references to Commonwealth Bank ABN 48 123 123 124 Australian credit licence 234945 (”CommBank”). About the Support Community 1. The Support Community (“Support Community”) is a forum where members may, subject to these terms and conditions, discuss issues in a free and open manner and share support answers and discuss our products and services, which may be viewed by both members and non-members of Support Community. 2. While we want you to enjoy the experience of visiting Support Community, we also want you to understand these terms and conditions to which you agree when visiting. Important information 3. By accessing Support Community, you agree to the Community Guidelines and these terms and conditions. You acknowledge and agree that the legal notices, terms and policies contained on our website (together with the Community Guidelines and these terms and conditions, are referred to as “Terms”), are incorporated by reference into these terms and conditions. We may amend the Terms from time to time in accordance with clause 34 of the General Conditions of Trade, which form part of the CommBank Terms and Conditions. 4. You agree that if there is any inconsistency between these terms and conditions and the CommBank Terms and Conditions, these terms and conditions will prevail to the extent of the inconsistency. 5. When using Support Community, you must be aware of the following: a. the views expressed within Support Community are not our views. We do not vouch for the accuracy or authenticity of posts; b. posts are not professional advice and must not be treated as such, even if they are directed to you. Posts are general information only and you must carefully consider any decisions you make based on Community content. We are not responsible for any loss you may suffer as a result of relying on Support Community content; c. you acknowledge and agree that the content posted on the website has been prepared without taking into account your personal objectives, financial situation or needs; d. from time to time, CBA or CommSec staff members may participate in the Community as customers of CBA. In doing so, these CBA or CommSec staff members are acting in their personal capacity and not as an employee, adviser, representative or agent of CBA or CommSec and these CBA or CommSec staff members bear all responsibility for the content of their posts. The content of such posts is not endorsed by CBA or CommSec and do not constitute our views.  These posts are not intended to constitute financial or professional advice or financial services provided by CBA or CommSec and should not in any way be treated as such.  We do not vouch for the accuracy or authenticity of any posts by CBA or CommSec staff members acting in a personal capacity and will not be responsible for any loss you may suffer as a result of relying on any such posts. e. you are personally responsible for the content of your posts. You must not include misleading or deceptive information in your posts or use Support Community to engage in illegal or unauthorised activity. Information, including your identity, may be made available to Australian Securities and Investments Commission (“ASIC”) and ASIC or other Support Community members may take action against you. If we find or suspect that you are engaging in illegal or unacceptable conduct through Support Community, we reserve the right to remove your posts and your access to Support Community, and report such conduct to ASIC; f. if you post any personal or sensitive information, within the meaning of section 6(1) of the Privacy Act 1988 (Cth), you consent to: i. the collection, use and disclosure of that information by CommBank for the purposes of administering the Support Community, and for the purposes set out in our Group Privacy Policy; ii. your information being shared by CommBank with other CBA Group members and with third parties for the purpose of administering the Support Community and for the purposes set out in our Group Privacy Policy; and iii. your information being sent overseas particularly where we outsource functions overseas, send information to CBA Group members overseas or where this is required by laws and regulations in Australia or in another country.          Please see our Group Privacy Policy for more information; g. if you post any personal or sensitive information, within the meaning of section 6(1) of the Privacy Act 1988 (Cth), of a third party, you acknowledge that: i. you have consent from the relevant third party to upload their personal information; and ii. you are responsible for making that third party aware of these terms and conditions and our Group Privacy Policy h. for more information about how we collect and handle personal information, including how you can access or correct your information or contact us with any feedback, please see our Group Privacy Policy available on www.commbank.com.au; i. you should be aware that other Support Community members may be based overseas, making it difficult for you to take any action against them; j. you must disclose any interest, conflict or connection you have when making a post. For example, if you own or have some other interest in a security under discussion, you must disclose this. Similarly, if you are employed by a company under discussion or receive a benefit, you must also disclose this; and k. you should always report to us any posts which you suspect are inaccurate or may mislead or deceive other Support Community members.  This includes posts which contain information that might, over time, be no longer accurate. Registration and termination 6. By registering to become a member of Support Community, you agree that we may contact you about your profile or any content you post in Support Community and for other administrative purposes related to Support Community. 7. You may terminate your Support Community registration at any time through the Profile page on the website. 8. We may terminate your Support Community registration at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after your Support Community registration is terminated, these terms and conditions will remain in effect and you will remain bound by them except that your right to use the Support Community as a member will terminate. We may discontinue Support Community without notice at any time. 9. We may, in our sole discretion, at any time, close, bar or suspend your use of Support Community or access to Support Community, or revoke in whole or part, temporarily or permanently, your status as a member of Support Community and/or your access to the website without notice at any time and for any reason. 10. If your participation in Support Community is terminated or revoked, we may terminate access to all your prior postings and settings. While we will continue to honour your Support Community privacy settings, we may, but are not obliged to, delete posts and other information disclosed as of the time your participation in Support Community ended. Your postings may, at our sole discretion, remain part of and available to Support Community after the time your participation ends. We have no obligation to you or any other Support Community member to preserve any information or content you or any other member of Support Community has posted on the website for any period of time. We may at any time terminate any or all of the functionality available through the website, and may discontinue the website at any time without notice to you. Profile Creation and security 11. When you register to become an Support Community member, you will be asked to choose an alias. Your alias must not be vulgar or violate the rights of others. We may reject or modify an alias that we determine to be inappropriate for use in Support Community. 12. We do not permit the creation of multiple aliases, even where you hold multiple accounts with us. We reserve the right to remove you from Support Community if you register or use multiple aliases. 13. You agree to only log onto Support Community using your alias and shall not use the alias of any other person. 14. You shall take all necessary measures to safeguard your [password and] personal information. Personal information may include your account details, email address, Netbank numbers and credit card information. 15. You acknowledge that a third party may post information on the website using your alias. You agree not to hold us, our related bodies corporate (the “CBA Group”) or any of our officers, directors, agents or employees liable for any cost or damages arising from such postings. 16. You agree to immediately notify us of any unauthorised use of your personal information or any other breach of security. Your responsibilities when using Support Community 17. You may upload content for display on Support Community at our discretion. This may be in the form of responses to blog posts, articles or stories, participation in forums or other discussion threads, replies to questions or the suggestion of ideas. If we allow you the opportunity to upload content to Support Community, please choose carefully the information that you post. 18. You must not engage in any conduct or post any content which is or which is likely to be: a. in breach of any laws; b. in breach of the intellectual property rights or moral rights of any person or entity; c. in breach of any obligations of privacy or confidence; d. defamatory to any person; e. abusive, obscene, offensive, pornographic or indecent; f. harassing, threatening, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability; g. affected by any virus or other code that is harmful, destructive, disabling or which assists in or enables theft or alteration of data; or h. false, misleading or deceptive. 19. You must not do any of the following within Support Community: a. offer financial services of any kind; b. use Support Community for corporate promotion or advertising of any kind; c. send or otherwise post unauthorised commercial communications; d. solicit, collect or store content, information or personal information belonging to other Support Community members, or otherwise access the website, using automated means other any means which we have not intentionally made available to you through the website, without our prior written consent; e. upload or introduce any viruses or other computer-programming routines intended to damage, harm or interfere with Support Community or any system, software, hardware, telecommunications equipment, data, or personal information, or do anything that could disable or impair the proper working of the website; f. offer any contest, giveaway, or sweepstakes; g. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; h. change the topic of a thread to purposefully disrupt the flow of a conversation; i. forge headers or engage in manipulative practices designed to hide the origins or true intent of your submissions to the website, or to artificially generate traffic to another website; j. reproduce, duplicate, copy, publish, distribute, sell, resell, trade or exploit any of the content on the website without our prior written consent; k. post any content that is other people’s work and claim it as your own without acknowledging or crediting the rightful author or source; or l. facilitate, incite or encourage any breaches of these terms and conditions; or m. post content to Support Community that violates or is not in compliance with our Acceptable Use Policy. 20. If you become aware of the misuse of Support Community or its features by any person, please click on the “Contact Us” link or the “Report Inappropriate Content” link on Support Community pages and follow the directions. Our rights and expectations 21. We reserve the right, in our sole discretion, to reject, refuse to post, edit, or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of Support Community website at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Support Community if we determine, in our sole discretion, that you have violated these terms and conditions or the Support Community Guidelines, pose a threat to us, our suppliers and/or other Support Community members or for any other purpose we determine in our sole discretion. 22. You acknowledge and agree that we are not responsible or liable for the deletion or failure to store any content or messages posted by you or any other person on the website. We reserve the right to modify or discontinue, temporarily or permanently, the website or Support Community at any time without notice to you. We shall not in any way be liable to you or any other person for any modification, suspension or discontinuance of the website or Support Community. 23. You acknowledge and agree that by accessing the website and participating in Support Community, you may receive material that you may consider to be offensive, indecent, obscene or otherwise discriminatory. 24. You acknowledge and agree that under no circumstances will you hold us, or any of our subsidiaries, related bodies corporate or respective officers, directors, agents, shareholders and employees liable for any content posted on the website or for any loss or damage of any kind incurred as a result of your use of the website, participation in Support Community or reliance on any of the Information or content. 25. You agree not to access Support Community by any means other than through the interfaces that are provided or approved in writing by us. Proprietary rights 26. We do not claim ownership of any content you post in Support Community. You continue to retain any rights that you may have in your content, subject to the license below. 27. By displaying, publishing or uploading any content in Support Community or otherwise submitting or posting content to us, you grant us an irrevocable, perpetual, worldwide, royalty-free and non-exclusive license (including the right to sub-license that content to any person or entity) to use, modify, delete, add, store, create derivative works of, publicly perform, publicly display, reproduce and distribute the content in or through Support Community for any reason (including advertising and promoting Support Community and/or our products). 28. You represent and warrant that: a. you own the content you post or otherwise have the right to grant the licenses above; and b. you have not infringed the intellectual property or privacy rights of any person or entity. 29. Support Community website contains content provided by us (including third party content posted or displayed by us). We and/or the third parties we have engaged own and retain all rights in that content. Disclaimers 31. We are not responsible for, and make no warranties, express or implied, as to any content in the Community, other than as to posts made by our staff members who are authorised to do so on our behalf and who are identified as “Commonwealth Bank Staff” by depiction of the CBA logo in such posts (Official Posts). You acknowledge and agree that, other than the Official Posts, the content in the Community does not reflect our opinions or policies. 32. Profiles created and comments posted by Community members may contain links to other websites. We are not responsible for the content or accuracy of these websites. Nor are we responsible for any third party advertisements or applications made available to you via the website or by other Community members. When you access these third party sites, you do so at your own risk.  33. We are not responsible for the conduct, whether online or offline, of any member of Support Community. You should do your own research and think carefully before acting on any information contained in Support Community or any linked website. If you have any concerns, you should seek your own financial, legal or taxation advice. 34. Support Community is provided “as-is” and as available. We do not warrant that features and functions of the website will be available uninterrupted or error free, that defects will be corrected in timely fashion or at all, or that the website will be free of viruses or bugs. You acknowledge that all information you share or post in Support Community, becomes part of Support Community. You agree to take this into account when considering the alias and any picture you use to represent yourself in Support Community or posting personal or non-public information in Support Community. 35. You understand that individuals who are not our customers who are also not members of Support Community may view the information disclosed or posted by you in Support Community or on the website. This means that certain “My Community Profile” settings may result in the information posted in Support Community or on the website being available to non-members of Support Community. 36. You acknowledge and agree that Support Community and content that you post or transmit through Support Community may be hosted on a server in another jurisdiction which may include the USA, the Netherlands or Singapore. Liability and Indemnification 28. Our liability under these terms and conditions is subject to any applicable contrary provisions in the Australian Securities and Investment Commission Act 2001 (Cth) and Competition and Consumer Act 2010 (Cth). 37. To the extent permitted by law, in no event shall we be liable for any damage, claim or loss incurred by you in connection with or arising from your use of Support Community, including without limitation compensatory, incidental, direct, indirect, special, consequential or exemplary damages, irrespective of whether we have been informed of, knew of, or should have known of the likelihood of such damages. This limitation applies to all causes of action in the aggregate including without limitation breach of contract, breach of warranty, defamation, negligence, strict liability, misrepresentation, and other torts, as well as third-party claims. If the warranty exclusions or limitations of liability set forth in these terms and conditions are for any reason held unenforceable or inapplicable, you agree that our aggregate liability shall not exceed one hundred Australian dollars (A$100). 38. You acknowledge and agree that your participation in Support Community and use of the website and content is at your own risk and that you shall not have access to any of the approved dispute resolution schemes to recover any loss or damage you may suffer as a result of your reliance on any of the content posted on the website. 39. You understand that these terms and conditions are based on and governed by Australian law. If you choose to access the website outside of Australia, you are also responsible for complying with all relevant local laws. 40. A number of features of Support Community may be offered or processed through a third party service provider, which is not associated or affiliated with us, or any of our related bodies corporate. Unless otherwise noted, all authority granted to us, or limitations of liability to us, shall include our related bodies corporate, agents and representatives and any service provider. We, a member of the CBA Group, our agents or related bodies corporate acting on our behalf are authorised to provide the services contemplated by these terms and conditions. 41. You agree to indemnify and hold us, the CBA Group and our respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable legal fees, due or relating to or arising out of your use of Support Community in violation of these terms and conditions and/or arising from a breach of these terms and conditions and/or any breach of your representations and warranties set forth in these terms and conditions and/or arising out of or relating to any content that you post. Oztix Privacy Statement, Privacy Policy And Collection Notification Statement In this privacy policy, the expressions "Merchant", "we", "us" and "our" are a reference to Ticket Solutions Pty Ltd (ABN 94 106 907 206) trading as Oztix and its Related Bodies Corporate (as defined by s9 of the Corporations Act 2001 (Cth)). This privacy policy applies to personal information collected by us. We are bound by the Privacy Act 1988 (Cth), which governs the way private sector organisations collect, use, keep secure and disclose personal information. This Privacy Policy is to inform people of: how and when the Merchant collects personal information; how the Merchant uses and discloses personal information; how the Merchant keeps personal information secure, accurate and up-to-date; how an individual can access and correct their personal information; and how the Merchant will facilitate or resolve a privacy complaint. If you have any concerns or complaints about the manner in which your personal information has been collected, used or disclosed by us, we have put in place an effective mechanism and procedure for you to contact us so that we can attempt to resolve the issue or complaint. Please see paragraph 10 for further details. We can be e-mailed care of info@oztix.com.au or write to us at PO Box 476, Annerley, Qld, 4103 and our privacy officer will then attempt to resolve the issue. As the Merchant, we will allow you to correspond or speak with us anonymously, if and when it is lawful and practicable to do so. For example, if you wish to make an enquiry as the price of tickets for an event, we do not need your personal information. We recommend that you keep this information for future reference. 1. What is personal information? The Privacy Act 1988 (Cth) defines "personal information" to mean information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is reasonably identifiable, from the information or opinion. 2. Sensitive Information 2.1 What is Sensitive Information? (a) Sensitive information is a subset of personal information. It means information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information about an individual, genetic information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates. (b) In general, we attempt to limit the collection of sensitive information we may collect from you, but depending on the uses you make of our products this may not always be possible and we may collect sensitive information from you in order to carry out the services provided to you. However, we do not collect sensitive information from you without your consent. (c) The type of sensitive information we may collect from you or record about you is dependent on the services provided to you by us and will be limited to the purpose(s) for which it is collected. We do not use sensitive information to send you Direct Marketing Communications (as defined in paragraph 6 below) without your express consent. 2.2 Consent to collection of certain types of sensitive information If you are an employee or potential employee of the Merchant, we may collect certain types of sensitive information where you have consented and agree to the collection of such information. Generally speaking, we will obtain this type of consent from you at (or around) the point in time in which we collect the information, but the main type of sensitive information that we may collect (if any) will usually relate to: (a) the criminal record of an individual; and (b) the health or medical information about an individual, but only to the extent that where you volunteer such information or if it is necessary for, or incidental to, the purposes of collection set out in paragraph 4. 3. Collection of your personal information 3.1 We only collect personal information that is necessary for what we do and we hold the personal information we collect within our own data storage devices or with a third party provider of data storage. The type of information we may collect from you includes depends ultimately upon the purpose of collection and we set out the general purposes of collection at paragraph 4 below. 3.2 The type of information we may collect from you includes (but is not limited to) the following: (a) your contact information such as full name (first and last), e-mail address, current postal address, delivery address (if different to postal address) and phone numbers; (b) if applicable, details relating to your employment or your previous employment, which shall include, but is not limited to, obtaining your tax file number and superannuation details; (c) your music and entertainment preferences; (d) if applicable, emergency contact details; (e) your date of birth; (f) if applicable, proof of your date of birth (including, but not limited to, driver’s licence, passport, birth certificate); (g) any additional information required to provide you with our services; (h) if applicable, your username and password to access your online account on our website; (i) your opinions, statements and endorsements collected personally or via surveys and questionnaires, including but not limited to your views on the products and services offered by the Merchant; and (j) if you are requesting products or services from us or we are purchasing goods or services from you, then any relevant payment or billing information (including but not limited to bank account details, direct debit, credit card details, billing address, repayment information and invoice details. However, we do not store your entire credit card number on our system, as this is held by our financial institution and our payment gateway provider.). 3.3 As much as possible or unless provided otherwise under this privacy policy, we will collect your information directly from you. If we collect details about you from someone else, we will, whenever reasonably possible, make you aware that we have done this and why. 3.4 When you engage in certain activities, such as entering a contest or promotion, filling out a survey or sending us feedback, we may ask you to provide certain information. It is completely optional for you to engage in these activities. 3.5 Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory data or any other information we require in order for us to provide our services to you, we may be unable to effectively provide our services to you. 3.6 If you use our website, we may utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit our website. A cookie does not identify you personally but may identify your internet service provider or computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance. 3.7 We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally. 3.8 For your convenience, we provide links on our website to third party websites. We are not responsible for the privacy policies or content of the services linked offered by these websites linked to our website and they are not under our control. You should review the privacy policy of any linked website before providing personal information to it. We do not endorse any products or services which are available on the linked websites. 4. How we may use and disclose your personal information 4.1 We will only use or disclose your personal information for the primary purposes for which it was collected or as consented to and/or as set out below. 4.2 You consent to us using and disclosing your personal information to facilitate a purpose in connection with: (a) if required, the verification of your identity; (b) the verification of your date of birth, if applicable; (c) the provision of our products and services to you, which shall include but is not limited to: 1. the administration and management of our products and services, including processing of any application forms or orders for tickets for events, charging, billing, facilitating refunds, credit card authorisation and verification, checks for financial standing, credit-worthiness (including but not limited to undertaking an assessment for credit loss and obtaining credit references, if applicable), fraud and collecting debts; and 2. to offer you updates, discounts, or other content or products and services that may be of interest to you; (d) co-ordinating and managing the attendance list for events, which may include the provision of your personal information to venues, promoters and bands; (e) to facilitate the administration and management of the Merchant, including but not limited to: 1. the use of your personal information collected in accordance with paragraph 3.1 in the administration and management of the Merchant ; and 2. the management of your online account; (f) if applicable, co-ordinating, managing and maintaining good order and security at events, which shall include but is not limited to protecting the rights and safety of other parties on event and venue premises; (g) if applicable, investigating and reporting information to third parties regarding any accidents or incidents that may have occurred at events or venues; (h) the improvement of our services (including to contact you about those improvements and asking you to participate in surveys about our products and services); (i) the maintenance and development of our products and services, business systems and infrastructure; (j) marketing and promotional activities by us, our related bodies and industry partners (including by direct mail, telemarketing, email, SMS and MMS messages) including but not limited to our eNews Flash, eNewsletter, Merchant Special Offers and Third Party Special Offer subscriptions; (k) to provide customer service functions, including handling customer enquiries and complaints; (l) to offer you updates, or other content or products and services that may be of interest to you; (m) our compliance with applicable laws; (n) the sale, and matters in connection with a potential sale, of our business or company to a third party; and (o) any other matters reasonably necessary to continue to provide our products and services to you. 4.3 We may also use or disclose your personal information and in doing so we are not required to seek your additional consent: (a) when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be used or disclosed for such a purpose; (b) if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health or safety or to lessen or prevent a threat to public health or safety; (c) if we have reason to suspect that unlawful activity has been, or is being, engaged in; or (d) if it is required or authorised by law. 4.4 In the event we propose to use or disclose such personal information other than for reasons in 4.1, 4.2, and 4.3 above, we will first seek your consent prior to such disclosure or use. 4.5 If you have received communications from us and you no longer wish to receive those sorts of communications, you should contact via the details set out at the top of this document and we will ensure the relevant communication ceases. Any other use or disclosure we make of your personal information will only be as required by law or as permitted by the Privacy Act 1988 or by this privacy policy or otherwise with your consent. 5. The types of organisations to which we may disclose your personal information 5.1 We may disclose your personal information to organisations outside of the Merchant. Examples of organisations and/or parties that your personal information may be provided to include: (a) venues at which events are held; (b) venue and event promoters or organisers; (c) bands or other acts that are performing or have performed at venues or events; (d) industry partners; (e) offshore service providers, if any; (f) related entities and subsidiaries of the Merchant; (g) third parties, such as financial institutions (banks) and our payment gateway provider; and (h) our contractors and agents, including but not limited to our IT service providers, or other companies who assist us in providing our products and services to you. 5.2 Your personal information is disclosed to these organisations and/or parties only in relation to the goods or services we provide to you or for a purpose permitted by this privacy policy. 5.3 We take such steps as are reasonable to ensure that these organisations and/or parties are aware of the provisions of this privacy policy in relation to your personal information. 6. Direct Marketing 6.1 You expressly consent to us using your personal information, including any email address you give to us, to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) (Direct Marketing Communications) which we consider may be of interest to you. 6.2 Without limitation clause 6.1, if it is within your reasonable expectations that we send you Direct Marketing Communications given the transaction or communication you have had with us, then we may also use your personal information for the purpose of sending you Direct Marketing Communications which we consider may be of interest to you. 6.3 You expressly consent to us disclosing your personal information to venue and event promoters and organisers who may also use your personal information to send you Direct Marketing Communications. 6.4 If at any time you do not wish to receive any further Direct Marketing Communications from us, or others under paragraph 6.3, you may ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose. You may do this at any time by using the "unsubscribe" facility included in the email, managing your subscriptions via your the Merchant account or by contacting us via the details set out at the top of this document. 7. Cross Border Disclosure 7.1 Any personal information provided to the Merchant may be transferred to, and stored at, a destination outside Australia, including but not limited to the New Zealand, where we also operate a ticketing company. Personal information may also be processed by staff or by other third parties operating outside Australia who work for us or for one of our suppliers, agents, partners or related companies. 7.2 By submitting your personal information to the Merchant, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information. However, we will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this privacy policy. 7.3 The Privacy Act 1988 requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your personal information outside of Australia do not breach the privacy principles contained within the Privacy Act 1988. By providing your consent, under the Privacy Act 1988, we are not required to take such steps as may be reasonable in the circumstances. However, despite this, we acknowledge the importance of protecting personal information and have taken reasonable steps to ensure that your information is used by third parties securely and in accordance with the terms of this privacy policy. 7.4 If you do not agree to the transfer of your personal information outside Australia, please contact us by via the details set out at the top of this document. 8. Data quality and security 8.1 We have taken steps to help ensure your personal information is safe. You will appreciate, however, that we cannot guarantee the security of all transmissions or personal information, especially where the Internet is involved. 8.2 Notwithstanding the above, we will take reasonable steps to:- (a) make sure that the personal information we collect, use or disclose is accurate, complete and up to date; (b) protect your personal information from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and (c) destroy or permanently de-identify personal information if it is no longer needed for its purpose of collection. 8.3 However, the accuracy of personal information depends largely on the information you provide to us, so we recommend that you: (a) let us know if there are any errors in your personal information; and (b) keep us up-to-date with changes to your personal information (such as your name or address). 9. Access to and correction of your personal information 9.1 You are entitled to have access to any personal information relating to you which we possess, except in some exceptional circumstances provided by law. You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading. 9.2 If you would like access to or correct any records of personal information we have about you, you are able to access and update that information (subject to the above) by contacting us via the details set out at the top of this document. 10. Resolving Privacy Complaints 10.1 We have put in place an effective mechanism and procedure to resolve privacy complaints. We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision (if any decision is required to be made) is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision. 10.2 If you have any concerns or complaints about the manner in which we have collected, used or disclosed and stored your personal information, please contact us by: Email care of: info@oztix.com.au Post care of: PO Box 476, Annerley, Qld 4103 10.3 Please mark your correspondence to the attention of the Privacy Officer. 10.4 In order to resolve a complaint, we: (a) will liaise with you to identify and define the nature and cause of the complaint; (b) may request that you provide the details of the complaint in writing; (c) will keep you informed of the likely time within which we will respond to your complaint; and (d) will inform you of the legislative basis (if any) of our decision in resolving such complaint 10.5 We will keep a record of the complaint and any action taken in a Register of Complaints. 11. Consent 11.1 By using our website or by accepting the terms of one of our terms and conditions which refer to this privacy policy, you are agreeing to the terms of this privacy policy. 11.2 We reserve the right to modify our privacy policy as our business needs require. We will notify you of such changes (whether by direct communication or by posting a notice on our website), after which, your continued use of our products, services or website or your continued dealings with us shall be deemed to be your agreement to the modified terms. If you do not agree to our continued use of your personal information due to the changes in our privacy policy, please contact us via the details set out at the top of this document. Collection Notification Statement - Online Ticket Purchases Collection Notification Statement under the Privacy Act 1988 (Cth) Ticket Solutions Pty Ltd (ABN 94 106 907 206) trading as The Merchant (herein referred to as "the Merchant, our, us, we") is committed to protecting the privacy of individuals and their personal information and complies with the Privacy Act 1988 (Cth) (Privacy Act). Please read this carefully as it will have important consequences for you in relation to the collection, use and disclosure of your personal information you provide to Merchant. You understand that: 1. The Merchant is the party who is collecting your personal information and we can be contacted care of info@oztix.com.au or alternatively you can write to us at PO Box 476, Annerley, Qld, 4103. 2. The Merchant will collect your personal information directly from you. In certain circumstances, the Merchant may require to collect personal information from your financial institution in order to process the purchase you are making with us. 3. The purpose of the Merchant collecting your personal information is: (a) to process your application for a ticket purchase, which will include but will not be limited to: 1. verifying your identification; and 2. processing payment for the ticket purchase; (b) to offer you updates, discounts, or other content or products and services that may be of interest to you; and (c) to provide you with direct marketing communications from us or our related bodies and industry partners (using direct mail, telemarketing, email, SMS and MMS messages) including but not limited to our eNews Flash, eNewsletter, Special Offers and Third Party Special Offer subscriptions, and you acknowledge and agree to your personal information being collected and used for, and in connection with, these purposes. 4. If we do not collect this personal information in connection with the purposes in paragraph 3, then: (a) we will be unable to process your payment for the ticket purchase; and (b) we will be unable to send you direct marketing communications (unless you have consented to such communications through your other dealings with The Merchant). 5. Your personal information being disclosed to the following classes of people and organisations in connection with the purposes in paragraph 3: (a) The Merchant and its personnel; (b) your financial institution and in some circumstances, our financial institution; (c) our related partners for direct marketing purposes; (d) our third party payment gateway service provider; and (e) the venue, event promoter or presenter or organiser, or band for which you are purchasing the ticket. 6. It is possible that some of the information collected via this application may be disclosed to The Merchant's related body corporate outside of Australia. You consent to your information being disclosed to a destination outside Australia for this purpose, including but not limited to New Zealand and you understand and acknowledge that Australian Privacy Principle 8.1 will not apply to such disclosures of your personal information. 7. The Merchant's Privacy Policy sets out the process as to how you can access and correct any of your personal information collected under this form as well as to how you can make a complaint if The Merchant has breached the Privacy Act in the handling of your personal information. The Merchant's Privacy Policy is available here or can be otherwise provided by requesting a copy from The Merchant. By continuing with your purchase of tickets to an event, performance or venue via this website, indicates that you have read this collection notification and acknowledge that your personal information will be collected, used and disclosed in accordance with this collection notice and as otherwise detailed in The Merchant's Privacy Policy and, to the extent it is necessary, that you give your voluntary express consent to The Merchant collecting, using, storing, disclosing and disposing of your personal information in this manner. Additional Terms Specific to your Order Oztix / Ticket Solutions - Terms and Conditions of Sale Who you are buying from 1. This web site and the web site oztix.com.au (the "Oztix Website") are owned and operated by Ticket Solutions Pty Ltd (ACN 106907206) t/as Oztix of PO Box 476, Annerley, 4103, Queensland, Australia ( 'We', 'Our' or 'Us'). We operate the ticketing services offered via this website as the authorised agent of event organisers, such as artists, venues or event promoters ('Presenter') and any tickets purchased from this website are purchased from Us as the agent of the Presenter.  Any dispute you have relating to an event or ticket purchase is between you and the Presenter.  2. As agent for the Presenter, We are not liable for any claims relating to an event or ticket purchase, except as otherwise set out in these terms and conditions. What you are agreeing to 1. By visiting, using or purchasing any tickets via this website you agree to be bound by these Terms and Conditions and Our Privacy Policy. 2. Every ticket sold through Oztix is also subject to: 3. the Presenter’s term and conditions (please see the Presenter’s website); 4. any terms and conditions of the venue at which event is held (please see the venue’s website); and 5. any terms and conditions that may be printed on the ticket. 6. The Presenter reserves the right to add, withdraw, reschedule or substitute artists and/or vary programs, prices, venues, seating arrangements and audience capacity. Use of the Oztix Website 1. Use of this site is restricted to personal use and reference only. Conditions of Sale 1. All Prices quoted are in Australian Dollars and include local taxes (GST). 2. Online sales will cease when the allocation of tickets is sold, at a time otherwise specified or usually 2 hours before doors open for the event. 3. Both Oztix and the Presenter reserve the right not to sell tickets to any person, agent or company. 4. Tickets will be delivered to you by the method you select during the booking process. If tickets are sent using Registered Post or a Courier service they will only be sent to addresses where the purchaser can sign for delivery. Mail delivery option will cease to be offered 7~10 days before the event. 5. Tickets may not, without the prior consent of the Presenter, be resold or offered for resale at a premium over the face value of the ticket (including via on-line auction sites) or used for advertising, promoting or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services either by the original purchaser or any subsequent ticket holder. 6. Notwithstanding these terms and conditions, if You use a “disposable” or “temporary” credit card (such as those purchased over the counter at supermarkets) for Your online purchase We are not able to make any refund to you unless a) you can provide full details of the credit card; b) the credit card remains valid; and c) you can produce the online purchase receipt. 7. Note: your Credit Card statement will itemise a purchase as a charge from "Ticket Solutions Oztix Indooroopilly". Refunds and exchanges 1. Oztix act as agent for the Presenter, and as such, we can only refund tickets in accordance with the Presenter’s terms and conditions, and to the extent permitted by law, Oztix has no liability to you.  2. We do not replace any lost, stolen or destroyed tickets or exchange or substitute tickets after purchase, except in limited circumstances.  We reserve the right to charge you a reasonable fee for the replacement of tickets.   Please treat your tickets like cash, as we cannot replace lost tickets. 3. The Presenter reserves the right to alter the date, the venue and the entertainment and activities as advertised, without prior notice to you.  Your entitlement to a refund in such circumstances is determined by the Presenter.  Please contact Oztix directly in order to determine your eligibility for a refund. 4. If the date, time or venue of an event is rescheduled or changed, your ticket will remain valid for the rescheduled date, time and venue. 5. If the Presenter authorises a Refund, We will refund to you the ticket price.  Booking fees, delivery, postage fees and any Processing Surcharge may be refunded, depending on the reason for the refund. 6. Any refund payable can only be made back to the credit card (whether temporary or otherwise) used in the original transaction. 7. Oztix will post any relevant information regarding any cancelled or rescheduled events in the news section of www.oztix.com.au, when applicable. It is your responsibility to check our website for information in relation to any events. No Show / Failure to collect tickets / Delivery fulfilment 1. We fulfil Our commitment to you for the sale of tickets by either mailing or emailing the ticket to you, or by making the ticket available at the door or Box Office for you to collect.  2. If you have elected to receive the tickets by mail or email and have not received your ticket(s) within 48 hours of the event, please contact Oztix.  Pay Over Time Payment Option 1. In some circumstances you may be able to pay for your ticket over time, in instalments.  If both parties agree to this payment option, You agree that We can charge your credit card a deposit, a booking fee (if any) and the number of specified instalments prior to sending you a confirmed ticket. 2. You agree that you only have a reservation for a ticket and are not entitled to a ticket to the relevant event until full payment of the ticket and associated fees is made. 3. If your credit card details change prior to your payment of any instalment, you agree to contact Us to update your credit card details. 4. You agree that if, for any reason, We are not able to process any of the instalments on their due date, your reservation for the ticket will be cancelled and your deposit and any booking fee paid forfeited by you. 5. We agree to repay any instalment (other than the deposit and any booking fee) you have paid to Us to the credit card you specified at the time of selecting the pay over time option, provided that credit card remains valid. Changes to Terms and Conditions 1. The terms and conditions that apply to any particular transaction will be the published terms and conditions at the time the transaction was finalised. Subject to the preceding sentence, we or the Presenter may alter or change the terms and conditions as they appear on our website from time to time effective immediately from posting on the web site. 2. You should periodically check this page of the Oztix web site and the Presenters web site to ensure that you are aware of the latest terms and conditions. What happens if you have an inquiry or complaint? 1. For inquiries or complaints regarding the sale and delivery of tickets please contact us by email at info@oztix.com.au or telephone 1300 762 545.   2. For inquiries or complaints regarding the staff and / or amenities at a venue or event, please contact the venue management. 3. For inquiries or complaints regarding the artist's performance, sound or lighting or production quality, please contact the Presenter. Data Security 1. When We process your order We collect your credit card and personal information in accordance with Our Terms and Conditions, our Privacy Policy and our Privacy Collection Notice.  2. If you are concerned about using your credit card online please contact us for assistance. 3. If you deny or dispute a charge on your credit card made by us, please contact us immediately.  We consider credit card fraud to be a serious offence and we aim to prosecute each case to the fullest extent possible. Copyright and Trademark 1. The images, text, logos and artwork contained within this site are copyright to Oztix and/or the relevant licensors.  All rights are reserved.  Unauthorised use by way of copying, storage, reproduction, publishing electronically or otherwise transmitting in any form or by any means in whole or in part is prohibited. The Oztix logo is a registered trademark. Disclaimer and liability 1. You accept that the Internet is not always a reliable and that system outages may occur.   2. Save to the extent set out in the Competition and Consumer Act 2012 (Cth) (including the consumer guarantees under Australian Consumer Law) or otherwise permitted by law, We will not be liable for any damages direct, incidental, consequential or otherwise, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your purchase of any tickets or your access to, or use of, or inability to use the web site and its content, whether based in contract, tort, negligence, statute or any other legal theory, and whether or not We know of the possibility of such damage. Choice of Law 1. These Terms and Conditions shall be governed by the laws of the State of Queensland, Australia but legal proceedings may be commenced in any Australian State or Territory. Australian Consumer Law 1. Our goods and services come with consumer guarantees that cannot be excluded under Australian Consumer Law. Those consumer guarantees apply in addition to any other express warranties which we provide under this Agreement. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. Australian Electoral Commission Privacy Policy 1. Overview This policy applies to personal information collected by the Australian Electoral Commission (the ‘AEC’). The purpose of the policy is to: clearly communicate the personal information handling practices of the AEC enhance the transparency of AEC operations, and  provide individuals with a better and more complete understanding of the sort of personal information the AEC holds, and the way the AEC handles that information. The AEC is bound by the provisions of the Privacy Act 1988, (Privacy Act) including the Australian Privacy Principles (APPs).  The APPs set out standards, rights and obligations for how we handle and maintain personal information. This includes how we collect, store, use, disclose, quality assure and secure personal information, as well as your rights to access or correct your personal information. 1.1 The Australian Electoral Commission The AEC is established under the Commonwealth Electoral Act 1918 (Electoral Act) comprising a Chairperson, the Electoral Commissioner and one other member. The AEC is an entity for the purposes of the Privacy Act. The Electoral Commissioner and the Australian Public Service employees who assist the Commissioner together constitute a Statutory Agency and the Electoral Commissioner is the principal executive of the agency. The AEC has seven core business functions: managing the Commonwealth electoral Roll, conducting elections, referendums, including industrial and fee-for-service elections and protected action ballots, educating and informing the community about electoral rights and responsibilities, providing research, advice and assistance on electoral matters to the Parliament, other government agencies and recognised bodies, providing assistance in overseas elections and referendums in support of wider government initiatives, administering election funding, financial disclosure and party registration requirements, and supporting electoral redistributions. 1.2 Anonymity and pseudonymity In general, you have the right to interact anonymously or pseudonymously with the AEC. There are circumstances, however, where it is impractical for us to deal with individuals without knowing the identity of the individuals.  This is particularly the case when interacting with the AEC in the performance of our statutory functions relating to the enrolment of electors and the conduct of elections.  As these matters involve the exercise of individual rights and obligations, the AEC will require evidence of identity to enable the administration of those statutory functions to take place. If you are seeking information of a general nature from the AEC, it is unlikely that you will be required to provide your real identity for that purpose. In general, you will not be disadvantaged by dealing anonymously or pseudonymously with us. However, without knowing your real identity, the type of information we are able to provide to you may be limited. The Electoral Act prohibits the disclosure of information about one person to another person except in limited, specified circumstances. Those circumstances do not include requests by third parties for access to personal information held by the AEC, including requests by authorised representatives of an individual unless there is a specific authorisation that refers to the particular information in the possession of the AEC. Before disclosing your confidential or personal information to you, the AEC will need to establish your identity.This is for the purpose of protecting you against the unauthorised disclosure of personal information that is in the possession of the AEC. Similarly, if you are seeking information about specific circumstances, we may be unable provide information without knowing the specific details of your request (which may require that you disclose your identity to us). If you wish to deal anonymously or pseudonymously with the AEC, please advise us as early as possible. 2. Personal information handling practices 2.1 Collection of personal information 2.1.1 Means of collection In carrying out its functions and activities, the AEC usually collects personal information about individuals directly from those individuals or their authorised representative(s). In certain circumstances we may also obtain personal information from third parties including that which is collected by other Australian, state and territory government bodies or organisations. We only collect personal information from a third party or from a publicly available source, if: the individual has consented to such collection or would reasonably expect the AEC to collect his or her personal information in this way, or it is collected only when it is necessary for, or directly related to AEC functions or activities under the the Electoral Act and the Referendum (Machinery Provisions) Act 1984 (the ‘Referendum Act’) and subordinate laws made under those Acts (collectively referred to as ‘Electoral Legislation’) . We collect this personal information in a variety of ways, including paper-based forms, by electronic means including online (through our website, as well as email), over the telephone and by fax. 2.1.2 Kinds of personal information collected The AEC only collects personal information where that information is reasonably necessary for, or directly related to, one or more of our functions or activities. The AEC maintains an impartial and independent electoral system for eligible voters through active electoral Roll management, efficient delivery of polling services and targeted education and public awareness programs. The personal information we collect and hold will vary depending on what we require to perform our functions and responsibilities. It may include: information about your identity (such as date of birth, country of birth, passport details, visa details, photographs and drivers licence) name, address and contact details (such as telephone, email and facsimile) information about your personal circumstances (such as age, gender, marital status and occupation) information about your financial affairs (such as payment details, bank account details, and information about business and financial interests) information about your employment (such as applications for employment, work history, referee comments and remuneration) government identifiers the management of contracts correspondence from members of the public or organisations to the AEC, the Special Minister of State and other Australian Government ministers and parliamentary secretaries, including submissions to consultations complaints (including complaints relating to privacy) and feedback provided to us requests made to us under the Freedom of Information Act 1982 (FOI Act) legal advice provided by internal and external lawyers employment and personnel matters for our staff and contractors. The APPs place more stringent obligation on entities when they handle ‘sensitive information’1. Generally, we will only collect sensitive information if you consent and it is reasonably necessary for, or directly related to, one or more of our functions or activities. Sometimes we may collect or deal with sensitive personal information without your consent, such as when it is required or authorised by a law, or court or tribunal order. This includes express statutory provisions, as well as the more general application of the common law and the exercise of the Executive authority of the Australian Government. The range of sensitive personal information we may collect and hold, includes: racial or ethnic origin health (including information about medical history and any disability or injury) criminal activities, and biometrics. 2.2 Use and disclosure of personal information The AEC collects and holds personal information for the purpose of carrying out its functions and activities. In some cases, the AEC may use or disclose personal information for a purpose other than that for which it was collected, but we will not give your personal information to other government agencies, private sector organisations, or anyone else unless you consent or one of the following exceptions applies: you would reasonably expect us to use the information for that other purpose it is legally required or authorised, such as by an Australian law, or court or tribunal order. This includes express statutory provisions, as well as the more general application of the common law and the exercise of the Executive authority of an Australian government we reasonably believe that it is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety we have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in and we reasonably believe that it is necessary in order for us to take appropriate action in relation to the matter. The Electoral Act prohibits the disclosure of information about one person to another person except in limited, specified circumstances. The Electoral Act provides for public inspection of the Commonwealth electoral Roll. The Electoral Act also provides for lawful disclosure of electoral Roll information to a range of organisations but it also precludes any further use or disclosure of that personal information for other than a permitted purpose. Access to personal information by third parties including requests by authorised representatives of an individual is only permitted when there is a specific authorisation that refers to the particular information in the possession of the AEC. There is nothing in the Electoral Act that authorises the recipient of a power of attorney to do anything that an elector is required to do merely by virtue of holding that power of attorney. Accordingly the AEC will not disclose personal information in the absence of a specific authorisation even where a power of attorney has been given. 2.2.1 Disclosure of personal information to overseas recipients Most personal information collected and held by the AEC will not be disclosed to anyone who is overseas. We may need to provide your personal information to an overseas recipient as part of our work. The Electoral Act enables certain electors residing outside Australia to be included on the electoral Roll. Information may be provided to an AEC service provider who delivers services for the AEC to overseas electors. If we are unable to seek your consent to provide your personal information to an overseas recipient, or it is impractical to do so, we will only provide your personal information to an overseas recipient if we are allowed to do so under the Privacy Act. 2.3 Access and correction You have a right to access personal information we hold about you.  That right of access must be exercised by you as an individual and not your nominated representative unless you have given a specific authorisation that refers to the particular information in the possession of the AEC. A power of attorney will not suffice as the authorisation. You also have a right under the Privacy Act to request corrections to any personal information that we hold about you if you think the information is inaccurate, out-of-date, incomplete, irrelevant or misleading. If you wish to request access or correction, please contact the AEC's Privacy Contact Officer. Before providing access to or correcting personal information about you, we will require you to verify your identity. It is also possible to access and correct documents held by us under the FOI Act. In some circumstances we will suggest that you make your request under the FOI Act. This is because: an FOI access request can relate to any document in our possession and is not limited to personal information the FOI Act contains a consultation process for dealing with requests for documents that contain personal or business information about another person you can complain to the Australian Information Commissioner about what we do under the FOI Act if you are refused access under the FOI Act you have a right to apply for internal review or Information Commissioner review of the access refusal decision. Find out more information about how to make a request under the FOI Act on the Freedom of Information page. 2.3.1 Refusal to give access or to correct information The Privacy Act and the FOI Act sets out circumstances in which we can decline access to or correction of personal information. This includes situations where we are authorised or required to refuse access. Generally, where we refuse to give you access, we will give you written notice of the reasons for refusal and the mechanisms available to you to dispute that decision. 2.4 Integrity of personal information The Privacy Act requires us to take reasonable steps to ensure that the personal information we hold is safe and secure. We are also required to take reasonable steps to ensure that the personal information that we collect is accurate, up-to-date, and complete. This may include correcting your personal information where it is appropriate to do so. 2.4.1 Security of personal information We aim to protect your personal information from loss, unauthorised access, use, modification or disclosure, and against other misuse.  Among other things, we safeguard our Information and communications technology (ICT) systems against unauthorised access, and ensure that paper-based files are secured. We also ensure that access to your personal information within our systems is only available to those people who need to have access in order to do electoral work. If a data breach occurs, such as if personal information that we hold is subject to unauthorised loss, use or disclosure, we will respond in line with the Office of the Australian Information Commissioner’s Data breach notification —A guide to handling personal information security breaches. We will aim to provide timely advice to you to ensure you are able to manage any loss—financial or otherwise—that could result from the breach. 2.4.2 Retention and destruction of records AEC records, including records containing personal information, and electoral documents are created, kept and destroyed in accordance with the Archives Act 1983 (Archives Act) and the preservation and destruction provisions in the Electoral Act. When the personal information that we collect: is no longer required, and there is no law, or court or tribunal order requiring it to be maintained, or becomes subject to the destruction requirements in the Electoral Act we delete or destroy it in a secure manner. 2.4.3 Complaints If you believe the AEC has breached any of the APPs, you may submit a complaint to the AEC. Complaints must be made in writing to the Privacy Contact Officer at the email or postal address listed in this policy. You may submit a complaint anonymously. However, in order to properly consider and respond to your request, the AEC may require further information from you. Therefore, please include your contact details if you submit a complaint. The AEC will respond to complaints within 30 days of receipt. If you are dissatisfied with the AEC's response to a complaint, you may complain to the OAIC. The OAIC is an independent external body. Our contact details are set out in Section 4 below. 3. The AEC website: protecting your privacy online The AEC is committed to protecting privacy online in accordance with the Guidelines for Federal and ACT Government Websites issued by the Office of the Australian Information Commissioner. 3.1 Personal information submitted to the AEC electronically Where the AEC collects personal information submitted directly by a user, those electronic records are stored securely in databases managed on behalf of the AEC by its ICT providers and in accordance with the AEC's ICT security policies and practices. Where personal information is held in electronic files, access to it is restricted to AEC employees whose duties require access to the information. 3.2 Personal Information collected and held The AEC automatically collects generic information about all visitors to its online resources. That information is very limited and only used to: identify generic online resource usage patterns improve our services, and manage the AEC's servers, including maintaining security. When visiting the AEC website the site server makes a record of the visit and logs the following information: the user’s server's IP (Internet Protocol) address, a number which is unique to the machine through which the user is connected to the internet the user's server address – this allows us to consider the visitors who use the site most, and tailor the site to their interests and needs the user's operating system (for example Windows, Mac etc.) – this allows us to tailor browser or platform specific parts of the site to each operating system because browsers act differently on each platform the user's top level domain name (for example .com, .gov, .au etc.) – this can allow us to tailor information relevant to different domains the date and time of the visit to the site – this is important for identifying the website's busy times and ensuring maintenance on the site is conducted outside these periods pages accessed and documents downloaded – this indicates to us which pages or documents are most important to our users and also helps identify important information that may be difficult to find duration of the visit – this indicates to us how interesting and informative our site is to our users geographic location – this shows us how well marketed our site is the address of the referring site, such as the previous site that you visited before the AEC website – this helps us determine which sites are providing links to ours as well as sites where we may be able to seek links the type of browser used – this is important for browser specific coding, for example JavaScript. This information is used only for statistical analysis and systems administration purposes. No attempt is made to identify users or their browsing activities, except in the unlikely event of an investigation by a law enforcement agency. 3.3 ‘Cookies’ A ‘cookie’ is an electronic token that is passed to your browser which passes it back to the server whenever a page is sent to you. The AEC website uses a cookie to maintain contact through a session. The cookie allows the website to recognise you as a unique user as you move from one page of the website to another. The cookie will expire when the browser session is closed or the computer is shut down. No attempt will be made to identify anonymous users or their browsing activities unless legally compelled to do so, such as in the event of an investigation. 3.4 Google Analytics In addition to web server logs, the AEC website uses Google Analytics, a web analytics service provided by Google Inc. Reports obtained from Google Analytics are used to help improve the efficiency and usability of this web site. Google Analytics uses 'cookies' to help analyse how users use this site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using the AEC’s website, you consent to Google processing data about you in the manner and for the purposes set out above. Please refer to Google's Privacy Policy. 3.5 Searches Search terms you enter when using the AEC search engine are collected, but are not associated with any other information that we collect. We use these search terms to ascertain what people are looking for on our site and to improve the services that we provide. 3.6 Interaction between this site and other sites The AEC website contains links to other sites. The AEC is not responsible for the privacy practices or the content of such websites and has no knowledge if cookies or other tracking devices are used on linked websites. These other sites may use web measurement tools, customisation technologies and persistent cookies to inform the service they provide to their users. You should read the privacy statement published on each website that you visit. 3.7 Your email address The AEC will only record your email address in the event that you send a message by email, you register requesting notifications, you provide your email address when completing a claim for enrolment, or your email address is provided by a third party. Registration for notifications may be made initially by email, postal mail or facsimile. Your email address will only be used for the purpose for which you have provided it and will not be added to any mailing lists without your consent by way of a specific request in writing. The AEC will not use or disclose your email address for any other purpose, without your prior written consent. If you are listed on one or more of our media or subscriber email lists you can opt out at any time. You can unsubscribe online or by using the ‘unsubscribe’ option noted in our subscriber emails . 3.8 Security of information The AEC provides a secure environment with data usually secured in transit between your computer and our servers through the use of encryption technology (SSL/TLS Certificates). The AEC has a reliable system with data stored securely in databases managed on behalf of the AEC by its ICT providers and in accordance with the AEC's ICT security policies and practices. While every effort is made to secure information transmitted to the AEC  website over the internet, there may be inherent risks associated with the transmission of information via the Internet and there is therefore a possibility that this information could be accessed by a third party while in transit. For those who do not wish to use the Internet, the AEC provides alternative ways of obtaining and providing information. 4. How to contact the AEC If you wish to contact the AEC about a privacy-related matter, including questions about this policy, please contact the AEC's Privacy Contact Officer. Email: info@aec.gov.au Post: The Privacy Officer Australian Electoral Commission, Locked Bag 4007 Canberra ACT 2601 Australia. Telephone: 02 6271 4411 Assisted contact options are also available. You can also obtain further information from the Office of the Australian Information Commissioner website, or by telephone on 1300 363 992. 5. Glossary iOS Terms and Conditions ENGLISH IMPORTANT: BY USING YOUR iPHONE, iPAD OR iPOD TOUCH (“iOS DEVICE”), YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS: A.     APPLE iOS SOFTWARE LICENSE AGREEMENT B.     APPLE PAY SUPPLEMENTAL TERMS C.     NOTICES FROM APPLE APPLE INC.  iOS SOFTWARE LICENSE AGREEMENT Single Use License PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING YOUR iOS DEVICE OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING THIS LICENSE. BY USING YOUR iOS DEVICE OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE iOS DEVICE OR DOWNLOAD THE SOFTWARE UPDATE.  IF YOU HAVE RECENTLY PURCHASED AN iOS DEVICE AND YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE iOS DEVICE WITHIN THE RETURN PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO APPLE’S RETURN POLICY FOUND AT http://www.apple.com/legal/sales_policies/. 1. General.  (a) The software (including Boot ROM code, embedded software and third party software), documentation, interfaces, content, fonts and any data that came with your iOS Device (“Original iOS Software”), as may be updated or replaced by feature enhancements, software updates or system restore software provided by Apple (“iOS Software Updates”), whether in read only memory, on any other media or in any other form (the Original iOS Software and iOS Software Updates are collectively referred to as the “iOS Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and its licensors retain ownership of the iOS Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any Apple-branded app that may be pre-installed on your iOS Device, unless such app is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that app. (b) Apple, at its discretion, may make available future iOS Software Updates for your iOS Device. The iOS Software Updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of iOS Devices.  The terms of this License will govern any iOS Software Updates provided by Apple that replace and/or supplement the Original iOS Software product, unless such iOS Software Update is accompanied by a separate license in which case the terms of that license will govern. 2. Permitted License Uses and Restrictions.   (a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the iOS Software on a single Apple-branded iOS Device. Except as permitted in Section 2(b) below, and unless as provided in a separate agreement between you and Apple, this License does not allow the iOS Software to exist on more than one Apple-branded iOS Device at a time, and you may not distribute or make the iOS Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use Apple proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with iOS Devices. Some of those rights are available under separate licenses from Apple. For more information on developing third party devices and accessories for iOS Devices, please visit https://developer.apple.com/programs/mfi/. For more information on developing software applications for iOS Devices, please visit https://developer.apple.com. (b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download iOS Software Updates that may be made available by Apple for your model of the iOS Device to update or restore the software on any such iOS Device that you own or control. This License does not allow you to update or restore any iOS Device that you do not control or own, and you may not distribute or make the iOS Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time. If you download an iOS Software Update to your computer, you may make one copy of the iOS Software Updates stored on your computer in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.  (c) To the extent that Apple has preinstalled Apple-branded apps from the App Store on your iOS Device at the time of purchase (“Preinstalled Apps”), you will need to log into the App Store and associate these Preinstalled Apps with your App Store account in order to use them on your iOS Device. When you associate a Preinstalled App with your App Store account, you will at the same time be automatically associating all other Preinstalled Apps on your iOS Device. By choosing to associate the Preinstalled Apps with your App Store account, you agree that Apple may transmit, collect, maintain, process and use both the Apple ID used by your App Store account and a unique hardware identifier collected from your iOS Device, as unique account identifiers for the purpose of verifying the eligibility of your request and providing you access to the Preinstalled Apps through the App Store. If you do not wish to use a Preinstalled App, you can delete it from your iOS Device at any time. (d) You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the iOS Software or any services provided by the iOS Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the iOS Software). (e) The iOS Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Title and intellectual property rights in and to any content displayed by, stored on or accessed through your iOS Device belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.  (f) You agree to use the iOS Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the iOS Software and Services. Features of the iOS Software and the Services may not be available in all languages or regions, some features may vary by region, and some may be restricted or unavailable from your service provider. A Wi-Fi or cellular data connection is required for some features of the iOS Software and Services such as FaceTime or iMessage. (g) Use of the App Store requires a unique user name and password combination, known as an Apple ID. An Apple ID is also required to access app updates and certain features of the iOS Software and Services. In addition, you acknowledge that many features, built-in apps, and Services of the iOS Software transmit data and could impact charges to your data plan, and that you are responsible for any such charges. You can view and control which applications are permitted to use cellular data and view an estimate of how much data such applications have consumed under Cellular Data Settings. For more information, please consult the User Guide for your iOS Device. (h) If you choose to allow automatic app updates, your iOS Device will periodically check with Apple for updates to the apps on your device and, if one is available, the update will automatically download and install onto your device. You can turn off the automatic app updates altogether at any time by going to Settings, tap iTunes & App Store, and under Automatic Downloads, turn off Updates. (i) Using your iOS Device in some circumstances can distract you and may cause a dangerous situation (for example, avoid typing a text message while driving a car or using headphones while riding a bicycle). By using your iOS Device you agree that you are responsible for observing rules that prohibit or restrict the use of mobile phones or headphones (for example, the requirement to use hands-free options for making calls when driving). 3. Transfer. You may not rent, lease, lend, sell, redistribute, or sublicense the iOS Software. You may, however, make a one-time permanent transfer of all of your license rights to the iOS Software to another party in connection with the transfer of ownership of your iOS Device, provided that: (a) the transfer must include your iOS Device and all of the iOS Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the iOS Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the iOS Software reads and agrees to accept the terms and conditions of this License. 4. Consent to Use of Data. When you use your device, your phone number and certain unique identifiers for your iOS Device are sent to Apple in order to allow others to reach you by your phone number when using various communication features of the iOS Software, such as iMessage and FaceTime.  When you use iMessage, Apple may hold your messages in encrypted form for a limited period of time. You may turn off FaceTime or iMessage by going to the FaceTime or Messages settings on your iOS Device. Other iOS Software features may require information from your iOS Device.  You can find more information on which features send information to Apple, what information they send and how it may be used, when you turn on or use these features, or by visiting http://www.apple.com/privacy/. At all times your information will be treated in accordance with Apple’s Privacy Policy, which can be viewed at: http://www.apple.com/legal/privacy/. 5. Services and Third Party Materials.   (a) The iOS Software may enable access to Apple’s iTunes Store, App Store, iBooks Store, Game Center, iCloud, Maps and other Apple and third party services and web sites (collectively and individually, “Services”). Such Services may not be available in all languages or in all countries. Use of these Services requires Internet access and use of certain Services may require an Apple ID, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an Apple ID, or other Apple Service, you agree to the applicable terms of service for that Service, such as the latest iTunes Store Terms and Conditions, latest iBooks Store Terms and Conditions for the country in which you access such Store(s) or Game Center Terms and Conditions, which you may access and review at http://www.apple.com/legal/internet-services/itunes/ww/, or the iCloud Terms and Conditions which can be found at http://www.apple.com/legal/internet-services/icloud/ww/, respectively.   (b) If you sign up for iCloud, certain iCloud features like “iCloud Photo Library”, “My Photo Stream”, “iCloud Photo Sharing”, “Back Up” and “Find My iPhone” may be accessed directly from the iOS Software.  You acknowledge and agree that your use of iCloud and these features is subject to the latest terms and conditions of the iCloud service, which you may access and review at: http://www.apple.com/legal/internet-services/icloud/ww/. (c) News App Content. Your use of content accessed through the News application is limited solely to personal, noncommercial use, does not transfer any ownership interest to you in the content, and specifically excludes, without limitation, any commercial or promotional use rights in such content. Furthermore, you are prohibited from republishing, retransmitting and reproducing any images accessed through News as a stand-alone file. (d) Maps. The maps service and features of the iOS Software (“Maps”), including map data coverage, may vary by region. When you use any location-based features within Maps, such as turn-by-turn navigation, traffic and local search, various location-related and usage information may be sent to Apple, including the real-time geographic location of your iOS Device, in order to process your request and help improve Maps. Such location and usage data is collected by Apple in a form that does not personally identify you. By using Maps, you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information, to provide and improve the Maps features and service, and other Apple products and services.  You may disable the location-based functionality of Maps by going to the Location Services setting on your iOS Device and turning off the individual location setting for Maps. Certain Maps features will however be unavailable if you disable the Location Services setting, such as turn-by-turn navigation. (e) iBooks; Podcasts. If you choose to use the sync feature of the iBooks and Podcasts apps to synchronize your bookmarks, notes, collections and podcast subscription data across your iOS Devices and computers, you acknowledge that such data will be sent to Apple and stored in conjunction with the Apple ID you use for the iBooks Store or iTunes Store, in order to sync such data to your other devices and computers that are authorized to access content through that Apple ID. You can turn off syncing at any time by going to Settings and changing the syncing options for the iBooks and Podcasts apps, respectively. (f) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Apple, its affiliates, agents, principals, or licensors shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.  (g) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.  (h) Neither Apple nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services.  Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services, including the Apple Maps service, is provided for basic navigational and/or planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that, the results you receive from the Maps service may vary from actual road or terrain conditions due to factors that can affect the accuracy of the Maps data, such as, but not limited to, weather, road and traffic conditions, and geopolitical events. For your safety when using the navigation feature, always pay attention to posted road signs and current road conditions. Follow safe driving practices and traffic regulations, and note that walking directions may not include sidewalks or pedestrian paths. (i) To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by Apple, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Apple. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Apple is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services. (j) In addition, Services and Third Party Materials that may be accessed, linked to or displayed on the iOS Device are not available in all languages or in all countries or regions. Apple makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Sharing or syncing photos through your iOS Device may cause metadata, including photo location data, to be transmitted with the photos. Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Apple be liable for the removal of or disabling of access to any such Services. Apple may also impose limits on the use of or access to certain Services, in any case and without notice or liability.  6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the iOS Software.  Sections 4, 5, 6, 7, 8, 9, 12 and 13 of this License shall survive any such termination. 7. Disclaimer of Warranties.  7.1     If you are a customer who is a consumer (someone who uses the iOS Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization. 7.2     YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE iOS SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE iOS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.  7.3     TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE iOS SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE’S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE iOS SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  7.4     APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE iOS SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE iOS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE iOS SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE iOS SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE iOS SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS iOS SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS AND SERVICES.  7.5     YOU FURTHER ACKNOWLEDGE THAT THE iOS SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE iOS SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.  7.6     NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE iOS SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.  8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE iOS SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE iOS SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Digital Certificates. The iOS Software contains functionality that allows it to accept digital certificates either issued from Apple or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY APPLE OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.   10. Export Control. You may not use or otherwise export or re-export the iOS Software except as authorized by United States law and the laws of the jurisdiction(s) in which the iOS Software was obtained. In particular, but without limitation, the iOS Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the iOS Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the iOS Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. 11. Government End Users. The iOS Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence.  If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.   13. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the iOS Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction. 14. Third Party Acknowledgements. Portions of the iOS Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the iOS Software, and your use of such material is governed by their respective terms. Use of the Google Safe Browsing Service is subject to the Google Terms of Service (http://www.google.com/terms_of_service.html) and to Google’s Privacy Policy (http://www.google.com/privacypolicy.html). 15. Use of MPEG-4; H.264/AVC Notice.  (a) The iOS Software is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details. (b) The iOS Software contains MPEG-4 video encoding and/or decoding functionality. The iOS Software is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC.  See http://www.mpegla.com.  (c) The iOS Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THE iOS SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.  16. Yahoo Search Service Restrictions. The Yahoo Search Service available through Safari is licensed for use only in the following countries and regions: Argentina, Aruba, Australia, Austria, Barbados, Belgium, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, Chile, China, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Germany, Greece, Grenada, Guatemala, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Italy, Jamaica, Japan, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, Portugal, Puerto Rico, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, St. Lucia, St. Vincent, Sweden, Switzerland, Taiwan, Thailand, The Bahamas, Trinidad and Tobago, Turkey, UK, Uruguay, US and Venezuela. 17. Microsoft Exchange Notice. The Microsoft Exchange mail setting in the iOS Software is licensed only for over-the-air synchronization of information, such as email, contacts, calendar and tasks, between your iOS and Microsoft Exchange Server or other server software licensed by Microsoft to implement the Microsoft Exchange ActiveSync protocol. EA1348 09/17/2015 ------------------------- Apple Pay Supplemental Terms and Conditions These Apple Pay Supplemental Terms and Conditions (the “Supplemental Terms”) supplement the iOS Software License Agreement (the “License”); both the terms of the License and these Supplemental Terms govern your use of the Apple Pay feature. Capitalized terms used in these Supplemental Terms have the meanings set forth in the License. 1 Overview and Use Restrictions Apple Pay allows you to store virtual representations of credit and debit cards, including store credit and debit cards, which are supported by the Apple Pay feature (“Supported Payment Cards”) and use supported iOS Devices to make contactless payments in select stores or within apps. Apple Pay also allows you to use rewards cards that are stored in Wallet, including those that contain stored value (“Apple Pay-Enabled Rewards Cards”, and together with Supported Payment Cards, “Supported Cards”), to make contactless rewards cards transactions in select stores as part of a contactless payment using Apple Pay. The Apple Pay features of the iOS Software may only be available in select regions, with select card issuers, and with select merchants. Features may vary by region, issuer, and merchant. In order to use Apple Pay, you must have a card supported by the Apple Pay feature. Supported Cards may change from time to time. Supported Payment Cards require an active iCloud account in order to use this feature. Supported Cards are only available to individuals aged 13 years or older, and may be subject to additional age-based restrictions imposed by iCloud or the Supported Card which you are trying to provision. Apple Pay is intended for your personal use and you may only provision your own Supported Cards. If you are provisioning a supported corporate card, you represent that you are doing so with the authorization of your employer and you are authorized to bind your employer to these terms of use and all transactions effected by use of this feature. You agree not to use Apple Pay for illegal or fraudulent purposes, or any other purposes which are prohibited by the License and these Supplemental Terms. You further agree to use Apple Pay in accordance with applicable law and regulation. You agree not to interfere with or disrupt the Apple Pay service (including accessing the service through any automated means), or any servers or networks connected to the service, or any policies, requirements or regulations of networks connected to the service (including any unauthorized access to, use or monitoring of data or traffic thereon). 2 Apple’s Relationship With You Apple Pay enables you to create a virtual representation of your Supported Payment Cards on your supported iOS Device and use Apple Pay-Enabled Rewards Cards as part of a payment, however Apple does not process payments or rewards cards transactions (such as reward accrual and redemption), or have any other control over payments, returns, refunds, rewards, value, discounts or other commerce activity that may arise out of your use of this feature. The terms of cardholder agreements you may have in place with your issuing bank will continue to govern your use of your Supported Payment Cards and their use in connection with Apple Pay. Similarly, your participation in any merchant rewards or stored value programs and your use of Apple Pay-Enabled Rewards Cards in connection with Apple Pay will be subject to such merchant’s terms and conditions. Nothing in the License or these Supplemental Terms modifies the terms of any cardholder or merchant agreement, and such terms will govern your use of the applicable Supported Card and its virtual representation on your iOS Device. You agree that Apple is not a party to your cardholder or merchant agreements, nor is Apple responsible for the content, accuracy or unavailability of any payment cards, rewards cards, stored value cards, commerce activities, transactions or purchases while using Apple Pay functionality, nor is Apple in any way involved in the issuance of credit or assessing eligibility for credit, or the accrual or redemption of rewards under a merchant’s rewards program. For all disputes or questions about payment cards, rewards cards, stored value cards, or associated commerce activity, please contact your issuer or the applicable merchant. 3 Privacy Apple Pay requires some information from your iOS Device in order to offer the full experience. You can find more information on the data collected, used or shared as part of your use of Apple Pay by reading About Apple Pay and Privacy or by visiting http://www.apple.com/privacy. 4 Security; Lost or Disabled Devices Apple Pay stores virtual representations of your Supported Payment Cards and should be protected as you would protect your physical credit and debit cards. Providing your device passcode to a third party or allowing a third party to add their fingerprint to use Touch ID may result in their ability to make payments and receive or redeem rewards using Apple Pay on your device. You are solely responsible for maintaining the security of your device and of your passcode. You agree that Apple does not have any responsibility if you lose or share access to your device. You agree that Apple does not have any responsibility if you make unauthorized modifications to iOS (such as by way of a “jailbreak”). If your device is lost or stolen and you have Find My iPhone enabled, you can use Find My iPhone to attempt to suspend the ability to pay with the virtual credit and debit cards on the device by putting it into Lost Mode. You can also erase your device, which will attempt to suspend the ability to pay with the virtual credit and debit cards on the device and will also attempt to remove the Apple Pay-Enabled Rewards Cards. You should also contact the bank who issued your credit and debit cards and the merchant who issued your rewards or stored value cards in order to prevent unauthorized access to your virtual Supported Cards. If you report or Apple suspects fraudulent or abusive activity, you agree to cooperate with Apple in any investigation and to use any fraud prevention measures we prescribe. 5 Limitation of Liability IN ADDITION TO THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH IN THE LICENSE, APPLE DOES NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, OR OTHER COMMERCE ACTIVITY MADE USING THE APPLE PAY FEATURE, AND YOU AGREE TO LOOK SOLELY TO AGREEMENTS YOU MAY HAVE WITH YOUR ISSUING BANK, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY. ------------------------- NOTICES FROM APPLE If Apple needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements. iCloud Terms and Conditions Welcome to iCloud THIS LEGAL AGREEMENT BETWEEN YOU AND APPLE GOVERNS YOUR USE OF THE iCLOUD PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE. Apple is the provider of the Service, which permits you to utilize certain Internet services, including storing your personal content (such as contacts, calendars, photos, notes, reminders, documents, app data, and iCloud email) and making it accessible on your compatible devices and computers, and certain location based services, only under the terms and conditions set forth in this Agreement. iCloud is automatically enabled when you are running devices on iOS 9 or later and sign in with your Apple ID during device setup, unless you are upgrading the device and have previously chosen not to enable iCloud. You can disable iCloud in Settings. When iCloud is enabled, your content will be automatically sent to and stored by Apple, so you can later access that content or have content wirelessly pushed to your other iCloud-enabled devices or computers. I. REQUIREMENTS FOR USE OF THE SERVICE A. Age. The Service is only available to individuals aged 13 years or older (or equivalent minimum age in the relevant jurisdiction), unless you are under 13 years old and your Apple ID was provided to you as a result of a request by an approved educational institution or established as part of the Family Sharing feature by your parent or guardian. We do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent.  Parents and guardians should also remind any minors that conversing with strangers on the Internet can be dangerous and take appropriate precautions to protect children, including monitoring their use of the Service. To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting this Agreement, you represent that you understand and agree to the foregoing. B. Devices and Accounts. Use of the Service may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. Apple reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility. C. Limitations on Use. You agree to use the Service only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Your Account is allocated 5GB of storage capacity as described in the iCloud feature pages. Additional storage is available for purchase, as described below. Exceeding any applicable or reasonable limitation of bandwidth, or storage capacity (for example, backup or email account space) is prohibited and may prevent you from backing up to iCloud, adding documents, or receiving new email sent to your iCloud email address. If your use of the Service or other behavior intentionally or unintentionally threatens Apple’s ability to provide the Service or other systems, Apple shall be entitled to take all reasonable steps to protect the Service and Apple’s systems, which may include suspension of your access to the Service. Repeated violations of the limitations may result in termination of your Account. If you are a covered entity, business associate or representative of a covered entity or business associate (as those terms are defined at 45 C.F.R § 160.103), You agree that you will not use any component, function or other facility of iCloud to create, receive, maintain or transmit any “protected health information” (as such term is defined at 45 C.F.R § 160.103) or use iCloud in any manner that would make Apple (or any Apple Subsidiary) Your or any third party’s business associate. D. Availability of the Service. The Service, or any feature or part thereof, may not be available in all languages or in all countries and Apple makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws. E. Changing the Service. Apple reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be communicated to you and, if accepted, will be effective immediately and will be incorporated into this Agreement. In the event that you refuse to accept such changes, Apple will have the right to terminate this Agreement and your account. You agree that Apple shall not be liable to you or any third party for any modification or cessation of the Service. If you have paid to use the Service and we terminate it or materially downgrade its functionality, we will provide you with a pro rata refund of any pre-payment. II. FEATURES AND SERVICES A. Use of Location-based Services Apple and its partners and licensors may provide certain features or services (e.g., Find My iPhone, Find My Friends) that rely upon device-based location information using GPS (where available) and crowd-sourced Wi-Fi hotspot and cell tower locations. To provide such features or services, where available, Apple and its partners and licensors must collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your device and information related to your iCloud account (“Account”) and any devices registered thereunder, including but not limited to your Apple ID, device ID and name, and device type. You may withdraw consent to Apple and its partners’ and licensors’ collection, use, transmission, processing and maintenance of location and Account data at any time by not using the location-based features and turning off the Find My iPhone, Find My Friends, or Location Services settings (as applicable) on your device. When using third party services that use or provide location data as part of the Service, you are subject to and should review such third party’s terms and privacy policy on use of location data by such third party services. Any location data provided by the Service is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Apple shall use reasonable skill and due care in providing the Service, but neither Apple nor any of its service and/or content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Service. LOCATION-BASED SERVICES ARE NOT INTENDED OR SUITABLE FOR USE AS AN EMERGENCY LOCATOR SYSTEM. B. Find My iPhone Find My iPhone is automatically enabled on iOS devices running iOS 8 or later when iCloud is enabled. When Find My iPhone is enabled on iOS devices running iOS 7 or later, your iOS device will be automatically linked to your Apple ID. Your Apple ID password will be required before anyone (including you) can turn off Find My iPhone, sign out of iCloud, erase or activate the device. Apple and its authorized agents may not perform hardware or software support services, including services under Apple’s limited warranty, unless you disable Find My iPhone prior to service. Apple shall bear no responsibility for your failure to protect your iOS device with a passcode, enable Lost Mode, and/or receive or respond to notices and communications. Apple shall also bear no responsibility for returning your iOS device to you or for any loss of data on your iOS device. If you have an Apple Watch and pair it with an iPhone when you are signed in to iCloud, you may be able to benefit from the security features of Find My iPhone Activation Lock on your Apple Watch. If you enable Activation Lock for your Apple Watch and did not previously have Find My iPhone enabled on your paired iPhone, you will automatically turn on Find My iPhone on your paired iPhone. If you lose your watch and did not have Activation Lock turned on, you will not be able to benefit from the security features of Find My iPhone by turning it on from your iPhone unless you are in range of your Apple Watch to pair the devices. C. Backup The Service creates automatic backups for iOS devices periodically, when the device is screen locked, connected to a power source, and connected to the Internet via a Wi-Fi network. iCloud will store your last three backups; however, if a device has not backed up to iCloud for a period of one hundred and eighty (180) days, Apple reserves the right to delete the backups associated with that device. Backup is limited to device settings, device characteristics, photos and videos, documents, messages (iMessage, SMS, and MMS), ringtones, app data (including Health app data), location settings (such as location-based reminders that you have set up), and Home screen and app organization. Content purchased from the iTunes Store, App Store, or iBookstore is not backed up, but may be eligible for download from those services, subject to account requirements, availability, and the applicable terms and conditions. Media synced from your computer is not backed up. If you enable iCloud Photo Library, your Photo Library will be backed up separately from the automatic iCloud backup. Your iCloud email, contacts, calendars, bookmarks, and documents are stored in, and can be accessed via iCloud on your devices and computers. Apple shall use reasonable skill and due care in providing the Service, but, TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, APPLE DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND APPLE SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. It is your responsibility to maintain appropriate alternate backup of your information and data. When iCloud Backup is enabled, your device will not back up to iTunes automatically during a sync, but you may choose to manually initiate a backup to iTunes. D. Photos 1. iCloud Photo Library. When you enable iCloud Photo Library, your photos, videos and metadata in the Photos App on your iOS device, OS X computer, or Windows PC (“Device Photo Library”) will be automatically sent to iCloud, stored as your Photo Library in iCloud, and then pushed to all of your other iCloud Photo Library-enabled devices and computers. If you later make changes (including deletions) to the Device Photo Library on any one of these devices or computers, your changes will automatically be sent to and reflected in your iCloud Photo Library. These changes will also be pushed from iCloud to and reflected in the Device Photo Library on all of your other iCloud Photo Library-enabled devices and computers. Please note that the resolution of content in your Photo Library on your device or computer may vary depending upon the amount of available storage and the storage management option you have selected for your iCloud-Photo-Library-enabled device. If you do not wish to use iCloud Photo Library, you can turn iCloud Photo Library off on all of your Apple devices that have iCloud Photo Library enabled. 2. My Photo Stream. When you use the My Photo Stream feature of iCloud, Apple may store photos taken on your iOS Device or uploaded from your computer for a limited period of time and automatically send the photos to your other Apple devices that have My Photo Stream enabled. Please note that a limited number of photos may be stored in the cloud or on your devices at any one time, and older photos will be automatically deleted from My Photo Stream over time. Any photos you want to keep on a particular device permanently must be saved to the camera roll or the photo library on your computer. Photo resolution may vary depending on the device to which the photos are downloaded.  If you do not wish to use My Photo Stream, you can turn My Photo Stream off on all of your Apple devices that have My Photo Stream enabled. If you enable iCloud Photo Library, devices and computers will no longer download data from My Photo Stream, but will continue to upload data to My Photo Stream. This means that iCloud-Photo-Library-enabled devices and computers will send data to devices and computers that are not enabled, while data from non-enabled devices and computers will not be uploaded to iCloud Photo Library. 3. iCloud Photo Sharing.  By using the iCloud Photo Sharing feature, Apple may continuously store the photos and videos you share until you delete them, send those photos and videos to your other Apple devices that have iCloud Photo Sharing enabled, and send them to the Apple devices of the people you choose to share them with, including members of your Family if Family Sharing is enabled. When you use iCloud Photo Sharing, you are allowing your recipients to view, save, copy, and share your photos and videos, as well as contribute photos and videos, and leave comments.  If you choose to use iCloud Photo Sharing to share photos via a web link, these photos will be publicly available to anyone who has been provided or has access to the web link. You can delete individual photos, videos, comments, or entire shared photo streams at any time to stop sharing them immediately, however, photos and videos that the viewer has previously saved to their device or computer will not be deleted. E. Public Beta From time to time, Apple may choose to offer new and/or updated features of the Service (the “Beta Features”) as part of a Public Beta Program (the “Program”) for the purpose of providing Apple with feedback on the quality and usability of the Beta Features. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Apple, and that Apple is not obligated to provide you with any Beta Features. Apple may make such Beta Features available to Program participants by online registration or enrollment via the Service. You understand and agree that Apple may collect and use information from your Account, devices and peripherals in order to enroll you in a Program and/or determine your eligibility to participate. You understand that once you enroll in a Program you may be unable to revert to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by this Agreement and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. Apple strongly encourages you to backup all data and information on your device and any peripherals prior to participating in any Program. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. Apple may or may not provide you with technical and/or other support for the Beta Features. If support is provided it will be in addition to your normal support coverage for the Service and only available through the Program. You agree to abide by any support rules or policies that Apple provides to you in order to receive any such support. Apple reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time. You acknowledge that Apple has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features. As part of the Program, Apple will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You agree that in the absence of a separate written agreement to the contrary, Apple will be free to use any feedback you provide for any purpose. F. Family Sharing. If you enable Family Sharing, Apple can share certain iTunes, iBooks and App Store purchases, and iCloud content, including, for example, shared calendars, shared photos, and location (if enabled) with your family members. For more information regarding sharing your iTunes purchases, please see the iTunes terms and conditions at http://www.apple.com/legal/internet-services/itunes/ww/. G. Mail Drop. If you are logged in to iCloud and you use OS X Mail or iCloud Webmail to send email with attachments, whether or not you use iCloud or other email services, in order to facilitate large transfers of files, you agree to allow Apple to temporarily store the attachments in iCloud for emails where the size of the message plus the size of attachments is greater than 20 MB, with an upper limit of 5 GB. You also agree to allow Apple to deliver your emails to recipients with links to your file attachments. If a recipient is using OS X 10.10 or later, OS X Mail will automatically download the attachments. As a sender, you and all recipients should not notice a significant change in the way you send and receive emails and attachments. Temporary storage of large email attachments will not count towards your storage limit. These attachments will have an expiration date. At the time of expiration, those attachments will no longer be available for downloading. You may opt out of using Mail Drop at ay time. H. Third Party Apps. If you sign in to certain third party Apps with your iCloud credentials, you agree to allow that App to store data in your personal iCloud account and for Apple to collect, store and process such data on behalf of the relevant third-party App Developer in association with your use of the Service and such Apps. The data that the App stores in your personal iCloud account will count towards your storage limit. Such data may be shared with another App that you download from the same App Developer. I. iCloud web-only account. If you sign up for the Service with a web-only account on a non-Apple-branded device or computer, you will have access to only a limited set of Service functionality. You will receive 1 GB of free storage and you will not be able to increase this amount with a web-only account. As a condition to accessing the Service with a web-only account, you agree to all relevant terms and conditions found in this Agreement, including, without limitation, all requirements for use of the Service, limitations on use, availability, public beta, disclaimers of warranties, rules regarding your content and conduct, and termination. Terms found in this Agreement relating to features not available for web-only users will not be applicable to you. These include, for example, use of location based services and payment of fees for iCloud storage upgrades. You further agree that if you subsequently access your web-only account from an Apple-branded device or Apple-branded computer, whether or not you own such device or computer, Apple may automatically upgrade your web-only account to a full iCloud account and provide all available functionality of the Service to you, including increased free storage capacity. If you choose to access your web-only account from an Apple-branded device or Apple-branded computer and you are subsequently upgraded to full functionality of the Service, you agree that all of the terms and conditions contained herein apply to your use of the Service. If you do not want to have a full iCloud account, do not sign in to your web-only account from an Apple-branded device or computer. J. Two-Factor Authentication and Autodialed Calls/Texts. If you choose to enable Two-Factor Authentication for your Apple ID, you consent to (a) provide Apple at least one telephone number; and (b) receive autodialed or prerecorded calls and text messages from Apple at any of the telephone numbers provided. We may place such calls or texts to (i) help keep your Account secure when signing in; (ii) help you access your Account when you’ve forgotten your password; or (iii) as otherwise necessary to service your Account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you. III. SUBSCRIPTION STORAGE UPGRADES Additional storage is available for purchase on a subscription basis. A. Payment. By upgrading your storage on your device or computer, Apple will automatically charge on a recurring basis the payment method associated with your Apple ID (e.g., the payment method you use to shop on the iTunes Store, App Store, or iBookstore, if available) or the payment method associated with your Family account. If you are a Family organizer, you agree to have Apple charge your payment method on a recurring basis for members of your Family who upgrade their storage. Apple may also obtain preapproval for an amount up to the amount of the transaction and contact you periodically by email to the email address associated with your Apple ID for billing reminders and other storage account-related communications. You can change your subscription by upgrading or downgrading your storage under the iCloud section of Settings on your device, or under the iCloud pane of System Preferences on your Mac or iCloud for Windows on your PC. The applicable storage fee for an upgraded storage plan will take effect immediately; downgrades to your storage plan will take effect on the next annual or monthly billing date. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING APPLE WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. If Apple is unable to successfully charge your credit card or payment account for fees due, Apple reserves the right to revoke or restrict access to your stored Content, delete your stored Content, or terminate your Account. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must change your information online in the Account Information section of iCloud; this may temporarily disrupt your access to the Services while Apple verifies your new payment information. We may contact you via email regarding your account, for reasons including, without limitation, reaching or exceeding your storage limit. Your total price will include the price of the upgrade plus any applicable credit card fees and any sales, use, goods and services (GST), value added (VAT), or other similar tax, under applicable law and based on the tax rate in effect at the time you purchase the upgrade. We will charge tax when required to do so under the tax rules applicable to the Service. B. Right of Withdrawal If you choose to cancel your subscription following its initial purchase, you may do so by informing Apple with a clear statement (see applicable address details in section “General” below) within 14 days from when you received your e-mail confirmation by contacting Customer Support. You do not need to provide a reason for cancellation. To meet the cancellation deadline, you must send your communication of cancellation before the 14-day period has expired. Customers in the EU and Norway also have the right to inform us using the model cancellation form below: To: iTunes S.à r.l., 31-33, rue Sainte Zithe, L-2763 Luxembourg: I hereby give notice that I withdraw from my contract for the following: [SUBSCRIPTION AMOUNT AND PERIOD, e.g., 200 GB MONTHLY iCLOUD SUBSCRIPTION STORAGE UPGRADE] Ordered on [INSERT DATE] Name of consumer Address of consumer Date Effects of cancellation We will reduce your storage back to 5 GB and reimburse you no later than 14 days from the day on which we receive your cancellation notice. If you have used more than 5GB of storage during this period, you may not be able to create any more iCloud backups or use certain features until you have reduced your storage. We will use the same means of payment as you used for the transaction, and you will not incur any fees for such reimbursement. IV. Your Use of the Service A. Your Account As a registered user of the Service, you must establish an Account. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Apple of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, Apple shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules. In order to use the Service, you must enter your Apple ID and password to authenticate your Account. You agree to provide accurate and complete information when you register with, and as you use, the Service (“Service Registration Data”), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of your Account. You agree that Apple may store and use the Service Registration Data you provide for use in maintaining and billing fees to your Account. B. Use of Other Apple Products and Services Particular components or features of the Service provided by Apple and/or its licensors, including but not limited to the ability to download previous purchases and iTunes Match and/or iCloud Music Library (additional fees apply), require separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the Service. C. No Conveyance Nothing in this Agreement shall be construed to convey to you any interest, title, or license in an Apple ID, email address, domain name, iChat ID, or similar resource used by you in connection with the Service. D. No Right of Survivorship Unless otherwise required by law, You agree that your Account is non-transferable and that any rights to your Apple ID or Content within your Account terminate upon your death. Upon receipt of a copy of a death certificate your Account may be terminated and all Content within your Account deleted. Contact iCloud Support at www.apple.com/support/icloud for further assistance. E. No Resale of Service You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose. V. Content and Your Conduct A. Content “Content” means any information that may be generated or encountered through use of the Service, such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Apple, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Apple does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk. B. Your Conduct You agree that you will NOT use the Service to: a. upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable; b. stalk, harass, threaten or harm another; c. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends; d. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another iCloud user, an Apple employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (Apple reserves the right to reject or block any Apple ID or email address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity); e. engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement; f. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements; g. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing”); h. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware; i. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon); j. plan or engage in any illegal activity; and/or k. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities. C. Removal of Content You acknowledge that Apple is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Apple reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable. D. Back up Your Content You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. Apple shall use reasonable skill and due care in providing the Service, but Apple does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss. E. Access to Your Account and Content Apple reserves the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Apple may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate, if legally required to do so or if Apple has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Apple, its users, a third party, or the public as required or permitted by law. F. Copyright Notice - DMCA If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact Apple’s Copyright Agent as described in our Copyright Policy at http://www.apple.com/legal/trademark/claimsofcopyright.html. Apple may, in its sole discretion, suspend and/or terminate Accounts of users that are found to be repeat infringers. G. Violations of this Agreement If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email to abuse@iCloud.com. H. Content Submitted or Made Available by You on the Service 1. License from You. Except for material we may license to you, Apple does not claim ownership of the materials and/or Content you submit or make available on the Service. However, by submitting or posting such Content on areas of the Service that are accessible by the public or other users with whom you consent to share such Content, you grant Apple a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Service that are accessible by the public or other users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it. 2. Changes to Content. You understand that in order to provide the Service and make your Content available thereon, Apple may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits Apple to take any such actions. 3. Trademark Information. Apple, the Apple logo, iCloud, the iCloud logo and other Apple trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Apple Inc. in the US and/or other countries. A list of Apple’s trademarks can be found here - http://www.apple.com/legal/trademark/appletmlist.html. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service. VI. Software A. Apple’s Proprietary Rights. You acknowledge and agree that Apple and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. B. License From Apple. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. C. Export Control. Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your Account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software, without first obtaining that authorization. This assurance and commitment shall survive termination of this Agreement. D. Updates. From time to time, Apple may update the Software used by the Service. In order to continue your use of the Service, such updates may be automatically downloaded and installed onto your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. VII. Termination A. Voluntary Termination by You You may delete your Apple ID and/or stop using the Service at any time. If you wish to stop using iCloud on your device, you may disable iCloud from a device by opening Settings on your device, tapping iCloud, and tapping ”Sign Out”. To terminate your Account and delete your Apple ID, contact Apple Support at http://apple.com/support/appleid/contact. If you terminate your Account and delete your Apple ID, you will not have access to other Apple products and services with that Apple ID. This action may be non-reversible. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by this Agreement), including any fees paid in advance for the billing year during which you terminate. Termination of your Account shall not relieve you of any obligation to pay any accrued fees or charges. B. Termination by Apple Apple may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Service. Any such termination or suspension shall be made by Apple in its sole discretion and Apple will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service. In addition, Apple may terminate your Account upon prior notice via email to the address associated with your Account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance or material modification to the Service or any part thereof. Any such termination or suspension shall be made by Apple in its sole discretion and Apple will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service, though it will refund pro rata any pre-paid fees or amounts. C. Effects of Termination Upon termination of your Account you may lose all access to the Service and any portions thereof, including, but not limited to, your Account, Apple ID, email account, and Content. In addition, after a period of time, Apple will delete information and data stored in or as a part of your account(s). Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements. VIII. Links and Other Third Party Materials Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Apple may have no control over such third party sites and/or materials, you acknowledge and agree that Apple is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Apple shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources. IX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. APPLE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. LIMITATION OF LIABILITY SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. APPLE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) APPLE’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) APPLE’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE. INDEMNIFICATION You agree to defend, indemnify and hold Apple, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of this Agreement; (d) any action taken by Apple as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue Apple, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Apple’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless Apple from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you. X. GENERAL A. Notices Apple may provide you with notices regarding the Service, including changes to this Agreement, by email to your iCloud email address (and/or other alternate email address associated with your Account if provided), iMessage or SMS, by regular mail, or by postings on our website and/or the Service. B. Governing Law Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. C. Entire Agreement This Agreement constitutes the entire agreement between you and Apple, governs your use of the Service and completely replaces any prior agreements between you and Apple in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Apple to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement. D. “Apple” as used herein means: • Apple Inc., located at 1 Infinite Loop, Cupertino, California, for users in North, Central, and South America (excluding Canada), as well as United States territories and possessions; and French and British possessions in North America, South America, and the Caribbean; • Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada for users in Canada or its territories and possessions; • iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6140, Tokyo for users in Japan; • Apple Pty Limited, located at Level 13, Capital Centre, 255 Pitt Street, Sydney NSW 2000, Australia, for users in Australia, New Zealand, including island possessions, territories, and affiliated jurisdictions; and • Apple Distribution International, located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, for all other users. For users in territories where Apple means Apple Distribution International, iTunes S.à r.l, located at 31-33, rue Sainte Zithe, L-2763 Luxembourg, shall be the seller of subscription storage upgrade services for the Services offered by Apple Distribution International. Apple Distribution International shall be the operator and data controller of the Services.” ELECTRONIC CONTRACTING Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. Last revised: September 16, 2015 Game Center Terms and Conditions GAME CENTER THE LEGAL AGREEMENT (“AGREEMENT”) SET OUT BELOW GOVERNS YOUR USE OF THE GAME CENTER SERVICE. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING "AGREE," YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE. IF YOU ARE UNDER THE AGE OF MAJORITY, YOU SHOULD REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND IT. Apple Inc. is the provider of the Game Center service (the “Service”), which permits you to engage in game related activities, including, but not limited to, participation in leader boards, multi-player games, and tracking achievements. The Service may not be available in all areas. Use of the Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting this Agreement, you represent that you understand and agree to the foregoing. YOUR ACCOUNT As a registered user of the Service, you may establish an account ("Account") in accordance with the Usage Rules, below. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Apple of any security breach of your Account. Apple shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree to provide accurate and complete information when you register with, and as you use, the Service, and you agree to update your registration data to keep it accurate and complete. You agree that Apple may store and use your registration data to maintain your Account. You may not create an account for anyone other than yourself without that person’s permission. USAGE RULES You agree to use the Service in compliance with these usage rules. Apple reserves the right to modify the usage rules at any time. You are authorized to use the Service only for personal, noncommercial use. You agree not to, or attempt or assist another person to, violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with the Service. You agree that you will NOT use the Service to: a. upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable; b. stalk, harass, threaten or harm another; c. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, email address, or the names of the minor's school, church, athletic team or friends; d. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Service participant, an Apple employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (Apple reserves the right to reject or block any nickname which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity); e. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement; f. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements; g. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise put information in a header designed to mislead recipients as to the origin of any content transmitted through the Service (“spoofing"); h. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware; i. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon); j. plan or engage in any illegal activity; and/or gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities; k. cheat or otherwise modify the Service or the game experience to effect an advantage for one player over another. PRIVACY The Service is subject to Apple's Privacy Policy at http://www.apple.com/privacy. As set out in the Privacy Policy, when you use the Service, such as inviting other users to join the Service, participating in leader boards, enabling invitations or multiplayer functionality, or displaying status messages, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit. When playing a game that supports multiplayer functionality, other users accessing the Service from within the same game on the same Wi-Fi network, local area network or within range of Bluetooth will be able to see that you are nearby (unless you turn this feature off), and see your nickname and photo, or full profile if you have a friend relationship with such user. If you choose to have your public profile set to “on”, other users of the Service can see your full profile, including your full name, activity (such as the games you have played and when you played them), scores, and achievements, and you can be recommended as a friend to other users. If your public profile is set to “off”, only users with whom you have established a friend relationship can see your full profile, and you will not be recommended to others; only your nickname and photo will be visible to users who are not friends. If you send or receive a friend request, the full name associated with your Apple ID will be shared with those users to whom you send, or from whom you accept, a friend request, and Apple may recommend games that you have played to your friends. If you wish to stop sharing information with other users and the Service, see http://www.apple.com/support/. Some aspects of the Service are not available to children under 13, such as features that allow users to disclose personally identifiable information. Please enable restrictions as appropriate. SUBMISSIONS TO THE SERVICE The Service may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Service accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste. You also agree that you have obtained all necessary rights and licenses to make such submissions. You agree to provide accurate and complete information in connection with your submission of any materials on the Service. You hereby grant Apple a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service or in providing or marketing the Service, without any compensation or obligation to you. Apple reserves the right to not post or publish any materials and to remove or edit any material, at any time in its sole discretion without notice or liability. Apple has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Apple in its sole discretion deems appropriate, including, without limitation, termination hereunder or under our Copyright Policy (http://www.apple.com/legal/copyright.html). THIRD-PARTY MATERIALS Certain content, and services available via the Service may include materials from third parties. Apple may provide links to third-party web sites as a convenience to you. You agree that Apple is not responsible for examining or evaluating the content or accuracy and Apple does not warrant and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Apple is not in any way responsible for any such use by you. OBJECTIONABLE MATERIAL You understand that by using the Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, which content may or may not be identified as having explicit material. Nevertheless, you agree to use the Service at your sole risk and Apple shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Ratings and descriptions are provided for convenience, and you agree that Apple does not guarantee their accuracy. INTELLECTUAL PROPERTY You agree that the Service, including but not limited to graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. Notwithstanding any other provision of this Agreement, Apple and its licensors reserve the right to change, suspend, remove, or disable access to any products, content, or other materials comprising a part of the Service at any time without notice. In no event will Apple be liable for making these changes. Apple may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability. All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Apple and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. Apple, the Apple logo, and other Apple trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Apple Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. TERMINATION If you fail, or Apple suspects that you have failed, to comply with any of the provisions of this Agreement, Apple, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account; and/or (ii) terminate the license to the Service; and/or (iii) preclude access to the Service (or any part thereof). Apple reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Apple will not be liable to you or to any third party should it exercise such rights. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY APPLE HEREIN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. APPLE SHALL USE REASONABLE EFFORTS TO PROTECT MATERIALS OR INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND APPLE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. WAIVER AND INDEMNITY BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY APPLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN, RESULTING FROM, OR CONTEMPLATED BY THIS AGREEMENT. CHANGES Apple reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof. MISCELLANEOUS This Agreement constitutes the entire agreement between you and Apple and governs your use of the Service, superseding any prior agreements between you and Apple regarding the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Apple's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Apple will not be responsible for failures to fulfill any obligations due to causes beyond its control. The Service is operated by Apple from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. All transactions on the Service are governed by California law, without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Apple or relating in any way to your use of the Service resides in the courts of the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recipient. No Apple employee or agent has the authority to vary this Agreement. Apple may send you notice with respect to the Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Service. Notices shall become effective immediately. Apple reserves the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Apple has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Apple's right to cooperate with any legal process relating to your use of the Service and/or products, and/or a third-party claim that your use of the Service and/or products is unlawful and/or infringes such third party's rights). Last updated: September 16, 2013 Apple Privacy Policy Your privacy is important to Apple. So we've developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions. Collection and Use of Personal Information Personal information is data that can be used to identify or contact a single person. You may be asked to provide your personal information anytime you are in contact with Apple or an Apple affiliated company. Apple and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have. Here are some examples of the types of personal information Apple may collect and how we may use it. What personal information we collect - When you create an Apple ID, apply for commercial credit, purchase a product, download a software update, register for a class at an Apple Retail Store, contact us or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information. - When you share your content with family and friends using Apple products, send gift certificates and products, or invite others to participate in Apple services or forums, Apple may collect the information you provide about those people such as name, mailing address, email address, and phone number. Apple will use such information to fulfill your requests, provide the relevant product or service, or for anti-fraud purposes. - In the U.S., we may ask for a government issued ID in limited circumstances including when setting up a wireless account and activating your device, for the purpose of extending commercial credit, managing reservations, or as required by law. How we use your personal information - The personal information we collect allows us to keep you posted on Apple's latest product announcements, software updates, and upcoming events. If you don't want to be on our mailing list, you can opt out anytime by updating your preferences. - We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes. - We may use your personal information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services. For example, we may use date of birth to determine the age of Apple ID account holders. - From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Apple, you may not opt out of receiving these communications. - We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Apple's products, services, and customer communications. - If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs. Collection and Use of Non-Personal Information We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it: - We may collect information such as occupation, language, zip code, area code, unique device identifier, referrer URL, location, and the time zone where an Apple product is used so that we can better understand customer behavior and improve our products, services, and advertising. - We may collect information regarding customer activities on our website, iCloud services, and iTunes Store and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy. - We may collect and store details of how you use our services, including search queries. This information may be used to improve the relevancy of results provided by our services. Except in limited instances to ensure quality of our services over the Internet, such information will not be associated with your IP address. - With your explicit consent, we may collect data about how you use your device and applications in order to help app developers improve their apps. If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined. Cookies and Other Technologies Apple's websites, online services, interactive applications, email messages, and advertisements may use "cookies" and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy. Apple and its partners use cookies and other technologies in mobile advertising services to control the number of times you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns. If you do not want to receive ads with this level of relevance on your mobile device, you can opt out by accessing the following link on your device: http://oo.apple.com. Alternatively, if you are using iOS 6 or above operating system on your mobile device or iTunes Radio on your computer, you may opt-out by electing Limit Ad Tracking. If you opt out, you will continue to receive the same number of mobile ads, but they may be less relevant because they will not be based on your interests. You may still see ads related to the content on a web page or in an application or based on other non-personal information. Opting out through oo.apple.com applies only to Apple advertising services and does not affect interest-based advertising from other advertising networks. However, if you select Limit Ad Tracking on your mobile device, third party apps are not permitted by contract to use the Advertising Identifier, a non-personal device identifier to serve you targeted ads. Apple and our partners also use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with Apple more convenient and personal. For example, knowing your first name lets us welcome you the next time you visit the Apple Online Store. Knowing your country and language - and if you are an educator, your school - helps us provide a customized and more useful shopping experience. Knowing someone using your computer or device has shopped for a certain product or used a particular service helps us make our advertising and email communications more relevant to your interests. And knowing your contact information, hardware identifiers, and information about your computer or device helps us personalize your operating system, set up your iCloud service, and provide you with better customer service. If you want to disable cookies and you're using the Safari web browser, go to Safari preferences and then to the privacy pane to disable cookies. On your Apple mobile device, go to Settings, then Safari, and then to the Cookies section. For other browsers, check with your provider to find out how to disable cookies. Please note that certain features of the Apple website will not be available once cookies are disabled. As is true of most internet services, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data. We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole. Apple may use this information in our marketing and advertising services. In some of our email messages, we use a "click-through URL" linked to content on the Apple website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages. Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers. Disclosure to Third Parties At times Apple may make certain personal information available to strategic partners that work with Apple to provide products and services, or that help Apple market to customers. For example, when you purchase and activate your iPhone, you authorize Apple and your carrier to exchange the information you provide during the activation process to carry out service. If you are approved for service, your account will be governed by Apple and your carrier's respective privacy policies. Personal information will only be shared by Apple to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes. Service Providers Apple shares personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever Apple operates. Others It may be necessary - by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence - for Apple to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party. Protection of Personal Information Apple takes the security of your personal information very seriously. Apple online services such as the Apple Online Store and iTunes Store protect your personal information during transit using encryption such as Transport Layer Security (TLS). When your personal data is stored by Apple, we use computer systems with limited access housed in facilities using physical security measures. iCloud data is stored in encrypted form including when we utilize third party storage. When you use some Apple products, services, or applications or post on an Apple forum, chat room, or social networking service, the personal information and content you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to share or submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features. If you or anyone else using Family Sharing logs on to a device that is owned by a third party, any information shared within your Family - including calendar, location, photos, and iTunes purchases - may be downloaded on to that third party device thereby disclosing any such shared information. [See About Family Sharing for more information.] Integrity and Retention of Personal Information Apple makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Access to Personal Information You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account at https://appleid.apple.com/. For other personal information we hold, we will provide you with access for any purpose including to request that we correct the data if it is inaccurate or delete the data if Apple is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made through the regional Privacy Contact Form. Children We understand the importance of taking extra precautions to protect the privacy and safety of children using Apple products and services. Accordingly, we do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. If we learn that we have collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, without first receiving verifiable parental consent we will take steps to delete the information as soon as possible. Children under the age of 13, or equivalent minimum age in the relevant jurisdiction, are not permitted to create their own Apple IDs, unless their parent provided consent through the Apple ID for Students Program or as part of the child account creation process in Family Sharing. For example, a parent must review the Apple ID and Family Sharing Disclosure and agree to the Consent to Apple's Collection, Use and Disclosure of Your Child's Information; and the iTunes Store Terms and Conditions, before they can begin the Apple ID account creation process for their child. Learn more about Family Sharing, the Apple ID for Students program and Restrictions for children's accounts. If at any time a parent needs to access, correct, or delete data associated with their Family Sharing account or child's Apple ID, they may contact us through our Privacy Contact Form. Or by using the contact information below. Location-Based Services To provide location-based services on Apple products, Apple and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your Apple computer or device. Where available, location-based services may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices' approximate location. Unless you provide consent, this location data is collected anonymously in a form that does not personally identify you and is used by Apple and our partners and licensees to provide and improve location-based products and services. For example, your device may share its geographic location with application providers when you opt in to their location services. Some location-based services offered by Apple, such as the "Find My iPhone" feature, require your personal information for the feature to work. You may withdraw consent to Apple and its partners' and licensees' collection, use, transmission, processing and maintenance of location and account data at any time by not using the location-based features and turning off the Find My iPhone, Find My Friends, or Location Services settings (as applicable) on your device and computer. Third-Party Sites and Services Apple websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties - for example, a third-party iPhone app. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties. International Users All the information you provide may be transferred or accessed by entities around the world as described in this Privacy Policy. Apple abides by the "safe harbor" frameworks set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected by organizations in the European Economic Area and Switzerland. Learn more about the U.S. Department of Commerce Safe Harbor Program. Please note that personal information, including the information provided when using iCloud, regarding individuals who reside in a member state of the European Economic Area (EEA) and Switzerland is controlled by Apple Distribution International in Cork, Ireland, and processed on its behalf by Apple Inc. Personal information collected in the EEA and Switzerland when using iTunes is controlled by iTunes SARL in Luxembourg and processed on its behalf by Apple Inc. Apple abides by the Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules System. The APEC CBPR system provides a framework for organizations to ensure protection of personal information transferred among participating APEC economies. Our Companywide Commitment to Your Privacy To make sure your personal information is secure, we communicate our privacy and security guidelines to Apple employees and strictly enforce privacy safeguards within the company. Privacy Questions If you have any questions or concerns about Apple's Privacy Policy or data processing or if you would like to make a complaint about a possible breach of local privacy laws, please contact us. You can always contact us by phone at the relevant Apple Support number for your country. All such communications are examined and replies issued where appropriate as soon as possible. If you are unsatisfied with the reply received, you may refer your complaint to the relevant regulator in your jurisdiction. If you ask us, we will endeavor to provide you with information about relevant complaint avenues which may be applicable to your circumstances. Apple may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy. Apple Inc. 1 Infinite Loop, Cupertino, California, USA, 95014 Oracle Binary Code License Agreement for the Java SE Platform Products and JavaFX ORACLE AMERICA, INC. ("ORACLE"), FOR AND ON BEHALF OF ITSELF AND ITS SUBSIDIARIES AND AFFILIATES UNDER COMMON CONTROL, IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY SELECTING THE "ACCEPT LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND/OR BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN SELECT THE "DECLINE LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND YOU MUST NOT USE THE SOFTWARE ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED. 1. DEFINITIONS. "Software" means the software identified above in binary form that you selected for download, install or use (in the version You selected for download, install or use) from Oracle or its authorized licensees, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Oracle, and any user manuals, programming guides and other documentation provided to you by Oracle under this Agreement. "General Purpose Desktop Computers and Servers" means computers, including desktop and laptop computers, or servers, used for general computing functions under end user control (such as but not specifically limited to email, general purpose Internet browsing, and office suite productivity tools). The use of Software in systems and solutions that provide dedicated functionality (other than as mentioned above) or designed for use in embedded or function-specific software applications, for example but not limited to: Software embedded in or bundled with industrial control systems, wireless mobile telephones, wireless handheld devices, kiosks, TV/STB, Blu-ray Disc devices, telematics and network control switching equipment, printers and storage management systems, and other related systems are excluded from this definition and not licensed under this Agreement. "Programs" means (a) Java technology applets and applications intended to run on the Java Platform, Standard Edition platform on Java-enabled General Purpose Desktop Computers and Servers; and (b) JavaFX technology applications intended to run on the JavaFX Runtime on JavaFX-enabled General Purpose Desktop Computers and Servers. “Commercial Features” means those features identified in Table 1-1 (Commercial Features In Java SE Product Editions) of the Java SE documentation accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html. “README File” means the README file for the Software accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html. 2. LICENSE TO USE. Subject to the terms and conditions of this Agreement including, but not limited to, the Java Technology Restrictions of the Supplemental License Terms, Oracle grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally the Software complete and unmodified for the sole purpose of running Programs. THE LICENSE SET FORTH IN THIS SECTION 2 DOES NOT EXTEND TO THE COMMERCIAL FEATURES. YOUR RIGHTS AND OBLIGATIONS RELATED TO THE COMMERCIAL FEATURES ARE AS SET FORTH IN THE SUPPLEMENTAL TERMS ALONG WITH ADDITIONAL LICENSES FOR DEVELOPERS AND PUBLISHERS. 3. RESTRICTIONS. Software is copyrighted. Title to Software and all associated intellectual property rights is retained by Oracle and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that the Software is developed for general use in a variety of information management applications; it is not developed or intended for use in any inherently dangerous applications, including applications that may create a risk of personal injury. If you use the Software in dangerous applications, then you shall be responsible to take all appropriate fail-safe, backup, redundancy, and other measures to ensure its safe use. Oracle disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Oracle or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms. 4. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. 5. LIMITATION OF LIABILITY. IN NO EVENT SHALL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE'S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000). 6. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Oracle if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon termination, you must destroy all copies of Software. 7. EXPORT REGULATIONS. You agree that U.S. export control laws and other applicable export and import laws govern your use of the Software, including technical data; additional information can be found on Oracle's Global Trade Compliance web site (http://www.oracle.com/us/products/export). You agree that neither the Software nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation. 8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Oracle that Oracle owns the ORACLE and JAVA trademarks and all ORACLE- and JAVA-related trademarks, service marks, logos and other brand designations ("Oracle Marks"), and you agree to comply with the Third Party Usage Guidelines for Oracle Trademarks currently located at http://www.oracle.com/us/legal/third-party-trademarks/index.html . Any use you make of the Oracle Marks inures to Oracle's benefit. 9. U.S. GOVERNMENT LICENSE RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation shall be only those set forth in this Agreement. 10. GOVERNING LAW. This agreement is governed by the substantive and procedural laws of California. You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco, or Santa Clara counties in California in any dispute arising out of or relating to this agreement. 11. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. 12. INTEGRATION. This Agreement is the entire agreement between you and Oracle relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. SUPPLEMENTAL LICENSE TERMS These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software. A. COMMERCIAL FEATURES. You may not use the Commercial Features for running Programs, Java applets or applications in your internal business operations or for any commercial or production purpose, or for any purpose other than as set forth in Sections B, C, D and E of these Supplemental Terms. If You want to use the Commercial Features for any purpose other than as permitted in this Agreement, You must obtain a separate license from Oracle. B. SOFTWARE INTERNAL USE FOR DEVELOPMENT LICENSE GRANT. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File incorporated herein by reference, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs. C. LICENSE TO DISTRIBUTE SOFTWARE. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File, including, but not limited to the Java Technology Restrictions and Limitations on Redistribution of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that: (a) is a complete, unmodified reproduction of this Agreement; or (b) protects Oracle's interests consistent with the terms contained in this Agreement and that includes the notice set forth in Section H, and (vi) you agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. The license set forth in this Section C does not extend to the Software identified in Section G. D. LICENSE TO DISTRIBUTE REDISTRIBUTABLES. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File, including but not limited to the Java Technology Restrictions and Limitations on Redistribution of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the README File ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified, and only bundled as part of Programs, (ii) the Programs add significant and primary functionality to the Redistributables, (iii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable README File), (iv) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (v) you only distribute the Redistributables pursuant to a license agreement that: (a) is a complete, unmodified reproduction of this Agreement; or (b) protects Oracle's interests consistent with the terms contained in the Agreement and includes the notice set forth in Section H, (vi) you agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. The license set forth in this Section D does not extend to the Software identified in Section G. E. DISTRIBUTION BY PUBLISHERS. This section pertains to your distribution of the JavaTM SE Development Kit Software (“JDK”) with your printed book or magazine (as those terms are commonly used in the industry) relating to Java technology ("Publication"). Subject to and conditioned upon your compliance with the restrictions and obligations contained in the Agreement, Oracle hereby grants to you a non-exclusive, nontransferable limited right to reproduce complete and unmodified copies of the JDK on electronic media (the "Media") for the sole purpose of inclusion and distribution with your Publication(s), subject to the following terms: (i) You may not distribute the JDK on a stand-alone basis; it must be distributed with your Publication(s); (ii) You are responsible for downloading the JDK from the applicable Oracle web site; (iii) You must refer to the JDK as JavaTM SE Development Kit; (iv) The JDK must be reproduced in its entirety and without any modification whatsoever (including with respect to all proprietary notices) and distributed with your Publication subject to a license agreement that is a complete, unmodified reproduction of this Agreement; (v) The Media label shall include the following information: “Copyright [YEAR], Oracle America, Inc. All rights reserved. Use is subject to license terms. ORACLE and JAVA trademarks and all ORACLE- and JAVA-related trademarks, service marks, logos and other brand designations are trademarks or registered trademarks of Oracle in the U.S. and other countries.” [YEAR] is the year of Oracle's release of the Software; the year information can typically be found in the Software’s “About” box or screen. This information must be placed on the Media label in such a manner as to only apply to the JDK; (vi) You must clearly identify the JDK as Oracle's product on the Media holder or Media label, and you may not state or imply that Oracle is responsible for any third-party software contained on the Media; (vii) You may not include any third party software on the Media which is intended to be a replacement or substitute for the JDK; (viii) You agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of the JDK and/or the Publication; ; and (ix) You shall provide Oracle with a written notice for each Publication; such notice shall include the following information: (1) title of Publication, (2) author(s), (3) date of Publication, and (4) ISBN or ISSN numbers. Such notice shall be sent to Oracle America, Inc., 500 Oracle Parkway, Redwood Shores, California 94065 U.S.A , Attention: General Counsel. F. JAVA TECHNOLOGY RESTRICTIONS. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun", “oracle” or similar convention as specified by Oracle in any naming convention designation. G. LIMITATIONS ON REDISTRIBUTION. You may not redistribute or otherwise transfer patches, bug fixes or updates made available by Oracle through Oracle Premier Support, including those made available under Oracle's Java SE Support program. H. COMMERCIAL FEATURES NOTICE. For purpose of complying with Supplemental Term Section C.(v)(b) and D.(v)(b), your license agreement shall include the following notice, where the notice is displayed in a manner that anyone using the Software will see the notice: Use of the Commercial Features for any commercial or production purpose requires a separate license from Oracle. “Commercial Features” means those features identified Table 1-1 (Commercial Features In Java SE Product Editions) of the Java SE documentation accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html   I. SOURCE CODE. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement. J. THIRD PARTY CODE. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME file accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME file, the disclaimer of warranty and limitation of liability provisions in paragraphs 4 and 5 of the Binary Code License Agreement shall apply to all Software in this distribution. K. TERMINATION FOR INFRINGEMENT. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. L. INSTALLATION AND AUTO-UPDATE. The Software's installation and auto-update processes transmit a limited amount of data to Oracle (or its service provider) about those specific processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. You can find more information about the data Oracle collects as a result of your Software download at http://www.oracle.com/technetwork/java/javase/documentation/index.html. For inquiries please contact: Oracle America, Inc., 500 Oracle Parkway, Redwood Shores, California 94065, USA. Last updated 02 April 2013 UQ Rentals - website terms of use 1.About this website Website Owner = The University of Queensland ABN 63 942 912 684 CRICOS Provider No:00025B (Domain name = http://uqrentals.com.au/the “website”) 2.About these terms of use These website terms of use and the associated UQ Privacy Policy govern your access to and use of UQ Rentals. You should read these terms of use and the Privacy Policy carefully before using this website. http://ppl.app.uq.edu.au/content/1.60.02-privacy-management 3.Your access/use implies agreement UQ Rentals is available for your use only on condition that you agree to these terms of use. By accessing/using UQ Rentals, you are signifying that you agree to be bound by these terms. 4.Modifications to the Terms The University of Queensland may revise and update these terms of use at any time. Your continued usage of UQ Rentals after any changes to these terms of use will mean you accept those changes. 5.Modifications to the information The University of Queensland does not warrant the accuracy, adequacy or completeness of property listing on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of The University of Queensland. 6.Disclaimers for UQ Student or UQ Staff members for using UQ Rentals: You must: a)review the accommodation provider, the property, the facilities and the conditions on which the property is offered. UQ will not inspect properties which are listed by external Accommodation providers or private landlords b)ensure that your username and password for accessing the Service are kept secure at all time. You are responsible for any use of the Service using your username and password by any person (whether authorised or otherwise). c)understand and agree to the follow terms: 1.A property listing on UQ Rentals carries no statement of endorsement by the University of Queensland. 2.It is the responsibility of the UQ Student/UQ Staff to ensure that statements and information provided by a provider are accurate and correct when applying for any housing advertised on the UQ Rentals. 3.Accommodation Services and the University of Queensland make no guarantee that a UQ Student/UQ Staff will find a suitable housing option by using UQ Rentals to search for a vacancy. 4.Accommodation Services and the University of Queensland can in no way guarantee the suitability of co-tenants, landlords or any other relationship formed or found through UQ Rentals, and will accept no liability or responsibility for any such interactions. 7.Your obligations as an Accommodation Provider to us are as follows: You must: a)only upload listings to UQ Rentals yourself or via an authorised third party who has agreed to our terms and conditions for uploading properties to UQ Rentals; b)ensure any images of your property uploaded to UQ Rentals must not contain images of people; c)comply with any direction we give to in relation to your listings, including amending or updating listings; d)acknowledge that, where you provide us with personal information of any individual, you must inform that individual that their personal information will be used and disclosed by us in accordance with our Privacy Management Policy; e)pay the cost of all telecommunications and internet access charges incurred when using UQ Rentals, whether or not such access has been arranged by us; f)ensure that your listings are not unlawful or uploaded for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction; g)ensure that your username and password for accessing the Service are kept secure at all times and are only disclosed to persons authorised on your behalf. However you are responsible for any use of the Service using your username and password by any person (whether authorised or otherwise). 8.Errors and problems The University of Queensland does not guarantee that UQ Rentals will be free from viruses, or that access to UQ Rentals will be uninterrupted. 9.The University of Queensland Privacy Management Policy The University of Queensland Privacy Management policy governs the use of information collected from or provided by you at UQ Rentals. A policy statement prepared by The University of Queensland for the purposes of being made available to customers and the general public declaring the company's commitment to the Information Privacy Act 2009 (Qld) (hereinafter the “Privacy Act”) for a company required to comply is available at http://ppl.app.uq.edu.au/content/1.60.02-privacy-management. 10.Feedback, suggestions, comments or requests The University of Queensland does encourages you to make feedback, suggestions, comments or requests to info@accomodation.uq.edu.au and if you do make comments, you acknowledge that: they may not be considered confidential or proprietary, and The University of Queensland is under no obligation to keep such information confidential, and The University of Queensland will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, and to distribute an such comments. 11.Outbound links & third-party websites UQ Rentals may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by The University of Queensland. The University of Queensland makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. 12.Inbound links & third-party websites Linking to any page of UQ Rentals is strictly prohibited, without express written permission from The University of Queensland. The University of Queensland prohibits the use of any property listings on third-party websites without express written permission from The University of Queensland. 13. Limitation of Liability In no event shall The University of Queensland be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use UQ Rentals. 14.Your Acknowledgements You acknowledge that at all times during the Term of this Agreement: a)you have read and agree to be bound by the terms of our Privacy Management Policy, Acceptable Use of UQ ICT Resources; b)in consideration for your right to upload listings to UQ Rentals and the other services we provide, you grant us an irrevocable, perpetual, world-wide, royalty free licence to commercialise, copy, licence to other persons, use and adapt for any purpose any content or material you provide to us during the Term, and for the avoidance of doubt this licence survives termination of this Agreement by you or us; c)we are not under any obligation to monitor the compliance of your listings with this Agreement, however we may take any action we deem appropriate in relation to your listings if we consider there has been a beach, including removing listings from UQ Rentals; d)you are solely responsible for the content your listings and any errors or omissions in your listings - our role is one of publisher and we take no responsibility whatsoever for your listings; e)we cannot guarantee the continuous or fault-free operation of UQ Rentals or other services we provide you and, without limitation, systems or technological failure or delay may impede or prevent access to UQ Rentals and other services; f)we may contact you from time to time in relation to products and services offered by us or our business partners and you authorise us: g)to contact you via email and other telecommunication, unless you explicitly request us not to contact you via these media; and h)you must upload all your listings to UQ Rentals as soon as practicable and maintain those listings until leased or expired. 15.Restrictions on use of website In accessing or using our websites you agree that you will not: a)use any automated device, software, process or means to access, retrieve, scrape, or index our websites or any content on our website; b)use any device, software, process or means to interfere or attempt to interfere with the proper working on our website; c)undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage; d)use or index any content or data on our websites for purposes of: I.constructing or populating a searchable database of properties, II.building a database of property information; or III.competing with us in any manner that we have not specifically authorised; e)transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not; f)use our websites or any content from our websites in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available; g)pose as any person or entity or attempt to solicit money, passwords or personal information from any person; h)reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our websites or any content on our website, except as expressly authorised by us; or i)transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature. We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity. MyGov Terms of use 1. Introduction 1.1 About these terms of use These terms of use describe what you need to know and understand about your rights and responsibilities as a user of myGov. This includes the use of myGov on any myGov Platform, including: the myGov Website; and a myGov Authentication Service. By creating a myGov account or by accessing myGov on any myGov Platform, you are agreeing: to be bound by these terms of use; and to comply with all of your responsibilities, as set out in these terms of use. Some of the words in these terms of use have a particular meaning. These words, and the meaning of these words, are set out in the definitions table at section 9 of these terms of use. You should refer to the definitions table when reading these terms of use. You can skip to the definitions table by selecting 'Go to definitions' at the end of each paragraph. Return to top  Go to definitions 1.2 About using myGov myGov is operated by the Australian Government, as represented by the Department of Human Services (the department). Once you have created your myGov account, you will be able to access a range of Member Services. Member Services may be operated by: the department; or Other Agencies. Some Member Services require you to have a myGov Profile. You can create a myGov Profile by linking to a Profile Member Service. Sometimes, the department may add or remove Member Services and/or Profile Member Services. Return to top  Go to definitions 1.3 Changes to myGov and these terms of use The department may change, add or remove any of the functionality of myGov, or make changes to these terms of use at any time. If those changes affect your rights or responsibilities, the department will tell you and you will be asked to accept the new terms of use. If you are told about a new version of the terms of use, you will need to accept them before you will be able to access your myGov account. These terms of use replace any terms of use you may have previously accepted which covered: your use of myGov (or the previous website: australia.gov.au); or any Department Member Service. Return to top  Go to definitions 2. Your responsibilities 2.1 Accessing and using your myGov account You will need to: be a natural person to access or seek to access myGov or a Member Service; use your myGov Security Details to access your myGov account; and make sure your personal details (including your name and email address) are accurate and kept up to date with myGov and any Member Services you may be using. You must not: access or link to, or try to access or link to, any other person's myGov or Member Service account; or allow any other person to access your myGov account on your behalf. If you can't access myGov yourself, rather than allow another person to access your account, which is not permitted, you have three options: contact the Member Service directly; or visit a myGov shopfront; or contact the department using the details available at Contact us. Return to top  Go to definitions 2.2 Keeping your myGov Security Details safe You must: keep your myGov Security Details secure at all times and not share them with any other person; and not allow any other person to use your myGov Security Details. If you think that the security of your myGov account may have been compromised (for example, if your myGov Security Details have been, or may be, accessed by another person without your permission) you should tell the department as soon as possible using the details at Contact us. For information about how to keep your myGov Security Details secure, visit the myGov Security tab. Return to top  Go to definitions 2.3 Responsibility for access and use of your myGov account If you don't keep your myGov Security Details safe (see your responsibilities at section 2.2), and someone else uses them, you will be responsible for everything they do with your account. If you deliberately allow someone else to use your myGov account, which is not permitted, you will be responsible for everything they do with your account. If you comply with the security requirements in these terms of use, you will not be responsible for any unauthorised access to your account. For example, if your account is accessed by an unauthorised person, as a result of fraud, you will not be responsible for the actions of that unauthorised person. Return to top  Go to definitions 2.4 How you must not use myGov You must not use myGov or your myGov account: in a way that infringes anyone else's rights or prevents them from using myGov; in any way which may harass or cause distress or inconvenience to anyone; to cause disruption to myGov; to post or transmit unlawful, defamatory, obscene, offensive, or scandalous material; to participate in any illegal or fraudulent activity; or to post or transmit material that breaks or encourages breaking the law. If you use myGov or your myGov account to do any of the above things, your myGov account may be locked, suspended or terminated and you may even face civil or criminal penalties (depending on what has happened). You must also not use any software (for example, bots or scraper tools) or other automatic devices to access, monitor or copy myGov or its contents unless given written permission to do so by the department. Return to top  Go to definitions 2.5 Information that you provide on myGov You need to provide complete and correct information when using your myGov account or a Member Service. Providing incomplete, inaccurate or false information via myGov or a Member Service will be treated in the same way as providing incorrect information on a form or in person and may result in prosecution and civil or criminal penalties. Return to top  Go to definitions 2.6 Member Service terms Most terms relating to your use of myGov are contained in these terms of use. However, when you link to and use Member Services, you may be required to accept and comply with their separate terms of use. Not all Member Services have separate terms of use. Any Member Service terms are in addition to these terms of use and if they are different to these terms of use, the Member Service terms of use will apply. Your use of myGov and having a myGov account does not: change any obligation the department or any Other Agency owes you in respect of the provision to you of services; or change any obligation you owe to the department or any Other Agency in respect of your receipt of services. Return to top  Go to definitions 2.7 Availability of your myGov account If myGov is not available for any reason or you unlink a Member Service, access to Member Services may not be available through another online channel. However, you can communicate directly with the department or Other Agency in writing, by telephone or in person by using the details at Contact us. You may close your myGov account at any time. Return to top  Go to definitions 3. Our responsibilities 3.1 What we are responsible for The department will take reasonable care in providing information and services through myGov. Return to top  Go to definitions 3.2 What we are not responsible for The department is not responsible for ensuring: that myGov is error free; that any defects in myGov will be rectified; or that you will have continuous access to myGov. The department is not responsible for any Loss that could arise as a result of your use of myGov or a Department Member Service or your inability to access myGov or a Department Member Service. The department cannot be sure and does not guarantee that the material on any Other Agency or Approved Digital Mail Service website is accurate, complete, current or does not infringe the intellectual property rights or any other rights of any person. Return to top  Go to definitions 3.3 Security The department is responsible for ensuring the security of: information while it is being collected by, stored on or passing through the myGov digital service; and the links from the department's systems to systems under the control of Other Agencies. Your myGov account information can only be accessed by department officers who are allowed to access this information. All access by department officers to myGov is checked by the department and officers are trained on a regular basis about their privacy and security obligations. You can find more information about the department's security responsibilities in the department's security statement. Other Agencies and Approved Digital Mail Service providers are responsible for the security of your information while it is collected by, stored on or passing through systems within their control. It is important that you read and comply with their terms of use (if any). Return to top  Go to definitions 3.4 Privacy Your personal information is protected by law, under the Privacy Act 1988 and is managed by the department (as the administrator of myGov) as set out in the myGov Privacy Notice. You can find more information about the way in which the department will manage your personal information by accessing the department's myGov Privacy Notice or the department's privacy policy. Return to top  Go to definitions 3.5 Linked Member Services The Other Agencies (or the department in relation to Department Member Services) are responsible for initially authenticating your identity for the purpose of linking your myGov account to the Member Services. Once you are linked to a Member Service, if you wish to access the Member Service again using myGov or a myGov Authentication Service, your identity will be authenticated by myGov (rather than by the Member Service). While the department will take all reasonable care in operating your myGov account, the department accepts no responsibility in respect of how the Member Services (apart from the department Member Services) operate. Return to top  Go to definitions 4. The Inbox 4.1 Inbox The myGov Inbox is a central and secure inbox where you can receive, view, print and save Messages from myGov and Participating Member Services. Return to top  Go to definitions 4.2 Receiving Messages By creating a myGov account or by accessing myGov on any myGov Platform (and provided you meet any additional Participating Member Service requirements) you are agreeing to receive in your Inbox all Eligible Correspondence from all Participating Member Services. For example, if you link to Centrelink, most of your incoming mail (with the exception of some mail that may need to be delivered in hard copy) will be sent electronically to your Inbox rather than via the post. If you wish to select an alternative method for receiving Eligible Correspondence (for example, if you wish to receive mail in hard copy via the post) you will need to tell the relevant Participating Member Service via their usual contact options. If you incorrectly receive a Message addressed to another person in your Inbox, you must tell the relevant Participating Member Service straight away. Return to top  Go to definitions 4.3 Notification of Messages When a new Message is received in your Inbox, you will receive a Notification via SMS or email based on what preference you have chosen. You are responsible for ensuring that your Notification Details, to select your preference for how you receive advice of new Messages, are kept up to date with each Participating Member Service. On receipt of a Notification you should promptly access your Inbox and read all new Messages (including any attachments). It is your responsibility to ensure you read all Notifications and Messages in a timely manner. Return to top  Go to definitions 4.4 Removal of Messages from Inbox Each Participating Member Service determines the length of time Messages will be displayed in your Inbox and your Messages will not be able to be accessed after that time. If you unlink a Participating Member Service, you will no longer be able to access any Messages from that Participating Member Service in your Inbox, whether or not you had read them. You will need to: print or save any Messages if you require copies before you unlink a Participating Member Service; and contact the relevant Participating Member Service to make other arrangements for receiving your Messages and any future correspondence. Return to top  Go to definitions 4.5 Member Service content The department accepts no responsibility for the content of a Participating Member Service Message (other than a Department Member Service Message) and makes no representations to you about its appropriateness, accuracy, currency or completeness. If you disagree with the content of a Message you should contact the relevant Participating Member Service. Return to top  Go to definitions 4.6 Inability to access your Inbox or a Member Service If, for any reason, you cannot access your Inbox (either temporarily or permanently), you should contact the relevant Participating Member Service(s) and make other arrangements for the delivery of your Messages. If, for any reason, your linked Member Services account(s) is locked, you will not receive any new Messages but any Inbox Messages received prior to the locking of the account will remain visible (unless otherwise not available in accordance with paragraph 4.4). Return to top  Go to definitions 4.7 Inbox forwarding The department may, from time to time, enable you to have your Messages forwarded to an Approved Digital Mail Service. If, for any reason, you: cannot access the Approved Digital Mail Service; or receive correspondence in your Approved Digital Mail Service account advising you to access your myGov Inbox, you should quickly access your myGov Inbox and read any unread Messages. If you ask the department to forward your Messages to an Approved Digital Mail Service, the department will not be responsible for the operation of that Approved Digital Mail Service (or its protection of your privacy), and you will need to review and accept the terms of use from the provider of the Approved Digital Mail Service. While the department undertakes due diligence of any Approved Digital Mail Service provider, the department is not responsible for any Loss that could arise as a result of the service provided by the Approved Digital Mail Service, even if the Approved Digital Mail Service provider acts improperly. If you are concerned that an Approved Digital Mail Service provider has acted improperly, please inform the department and follow the complaints process (if any) in the relevant terms of use for that Approved Digital Mail Service. The department may stop forwarding copies of your Messages to an Approved Digital Mail Service at any time, for any reason. If this happens, the department will take reasonable steps to provide you with prior notification. Return to top  Go to definitions 5. myGov Profile 5.1 Linking to Profile Member Services You will need to create a myGov Profile if you wish to link your myGov account to a Profile Member Service. The uses and disclosures that myGov may make of information contained in your myGov Profile are set out in the myGov Privacy Notice. If you were already linked to one or more Profile Member Service(s) prior to 26 April 2014 you will be given the option of creating a myGov Profile. Return to top  Go to definitions 5.2 Consent to the collection and use of myGov Profile information By using myGov or by accessing myGov on any myGov Platform, you consent to: a Profile Member Service using your name and date of birth for the purposes of creating your myGov Profile; myGov collecting your name and date of birth from a Profile Member Service for the purposes of creating your myGov Profile; myGov collecting any change that you make to your name and/or date of birth from a Profile Member Service for the purpose of updating or correcting your myGov Profile; myGov sharing your name and date of birth with a Member Service for the purposes of: linking your myGov account with a Member Service account; and notifying a Member Service of an update to your details when using the Update Your Details service; and a Member Service using your name and date of birth for the purposes of: linking your myGov account to a Member Service account; and updating the details stored in your Member Service account. Return to top  Go to definitions 5.3 Your Profile Member Service notification requirements You acknowledge that any notification to a Member Service of a change to your name or date of birth will not affect or reduce any obligation you have to notify that Member Service of any other change to your personal information. For example, if you notify Centrelink of your new married name, only your change of name may be updated by Centrelink. The notification of your change of name does not mean that this is a notification of a change in marital status with Centrelink and you will still be required to notify Centrelink directly about this. Return to top  Go to definitions 6. myGov Update Your Details 6.1 Update Your Details The myGov Update Your Details service allows you to notify selected Member Services of a change to your contact details in a single transaction. If you update your details in myGov, myGov will tell selected Member Services of the update. However, it is the responsibility of each Member Service to ensure that your records are updated in accordance with the Update Your Details notification. Return to top  Go to definitions 6.2 Update Your Details History Tab You acknowledge that: any Update Your Details transaction will appear in the History tab, along with the outcome of these updates for Member Services; you may be required to take further action with a Member Service to complete an update, as instructed in the History tab; and a Member Service may, at any time, change the action required to complete an update. Return to top  Go to definitions 6.3 Messages from Member Services Correspondence about your Update Your Details updates (such as notice of a successful or failed update) may be sent to your myGov Inbox regardless of any preference you have indicated in your Member Services online services accounts (for example, if you have opted to receive physical mail instead). Return to top  Go to definitions 7. myGov Platforms 7.1 Licence to use myGov Platforms The department gives you permission (in the form of a non-transferable, non-exclusive, revocable licence) to use all myGov Platforms on your compatible device(s) provided that you comply with these terms of use and any other applicable laws. Return to top  Go to definitions 7.2 Access to your hardware or software features When you use a myGov Platform, you may be asked for your permission to access certain hardware or software features of your compatible device. These features may include your camera, call functions or other features notified to you. Access to these features will be permitted if you give your consent, but only for the purpose of the particular functions of the myGov Platform (for example, access to the camera so that you can take a picture of a document and upload it to myGov). If you consent to the use of those features, neither the myGov Platform, nor the department, will have access to any other features or personal information on your device. Return to top  Go to definitions 7.3 Updates to a myGov Platform You should ensure that you download any available updates to any myGov Platform(s) used on your device(s). You acknowledge that if you do not update a myGov Platform, you may experience trouble accessing myGov and your linked Member Services. Return to top  Go to definitions 8. General 8.1 Suspension or termination of your myGov access The department may lock, suspend or terminate your myGov and/or Member Service access or account(s) at any time. Return to top  Go to definitions 8.2 Law relating to these terms of use Any legal questions about these terms of use will be decided by applying the laws of the Australian Capital Territory, Australia (ACT). If legal action is brought in a court in the ACT, you will not be allowed to argue that the matter should be heard in a court outside the ACT. However, the department will consider any reasonable request to bring legal action in a different State if there are appropriate reasons for doing so (for example, if you are unable to travel due to medical reasons). Return to top  Go to definitions 8.3 Help desk If you wish to contact the myGov helpdesk you should do so using the contact details at Contact us. Return to top  Go to definitions 8.4 Complaints and feedback Your feedback is important to us, we value your opinion and want to hear what you think about the quality of the department's service. The department will use your feedback to improve its services. The best way to leave your feedback is by visiting humanservices.gov.au/feedback or by calling the department's helpdesk (see paragraph 8.3 above). Return to top  Go to definitions 9. Definitions In these terms of use, the terms in column 1 of the following table have the meanings set out in column 2 of the table: Table of definitions for Terms of Use Term Meaning Approved Digital Mail Service An external secure digital mailbox approved by the department. department, us, we The Australian Government Department of Human Services or any Australian Government department which takes over the functions of the Department of Human Services. Department Member Services Member Services provided by the department. Eligible Correspondence Correspondence that a Participating Member Service determines is eligible to be sent to your Inbox, as varied from time to time in accordance with a Member Service's internal rules. Inbox An online correspondence service that enables you to receive, view, print and save Messages from myGov and Participating Member Services. Loss Any loss, damage, cost or expense (to any person or property), including: loss of profits or revenue, loss or denial of opportunity, loss of use, loss of data, and any indirect, remote, abnormal or unforeseeable loss. Member Services Organisations that provide services through myGov and are listed on the About myGov page on the myGov Website. Message Messages from myGov and Participating Member Services that you can receive, view, print and save via your myGov Inbox. myGov The myGov services which can be accessed on any myGov Platform. myGov Authentication Service A platform operated by certain Member Services that enables myGov users to login to the Member Service using their myGov Security Details. myGov Platform Any electronic platform or device on which myGov is accessed or used. myGov Profile Your name and date of birth as recorded with a Profile Member Service. myGov Security Details myGov username, password, PIN and/or secret questions and answers required to access your myGov account. myGov Website The my.gov.au website. Notification A Message notification which is made to your nominated mobile phone number or email address. Notification Details Details of your mobile phone number or email address for the purposes of receiving Notifications from Member Services. Other Agencies Other Australian Government or non-government entities. Participating Member Service A linked Member Service that sends Eligible Correspondence via the Inbox. Profile Member Service Any of the Medicare, Centrelink and the Australian Taxation Office Member Services. Update Your Details A myGov service that allows users to notify multiple Member Services of a change to their contact details in a single transaction. You, Your You, the reader of these terms of use and user of myGov. myGov and Privacy The Department of Human Services operates the myGov service on behalf of the Australian Government. The department takes the privacy of customer information seriously and an important element of the approach is to undertake rigorous and independent Privacy Impact Assessments of key services for which we are responsible. You can access the Privacy Impact Assessments undertaken on the myGov service on the Publications and Resources page of the Human Services website. The myGov service can be accessed through the myGov website. Return to top Privacy Notice The myGov website ("myGov service") is managed by the Department of Human Services (the department) on behalf of the Australian Government. This Privacy Notice applies to the myGov service only. Separate privacy notices apply to the Centrelink, Medicare and Child Support services and the other Australian Government agencies you may link to your myGov account. Centrelink, Medicare and Child Support services and other Australian Government agencies which participate in myGov are referred to as Member Services in this Privacy Notice. This Privacy Notice explains how the department collects, through the myGov service, personal information from you and: how the department will use and disclose that information; how the department will store and secure that information; and how you can access and alter your personal information. Return to top Collections When you are establishing a myGov account, you will be required to provide to the department, through myGov: an email address (and you may also provide a mobile phone number, for account creation and account administration including username recovery and password reset); and a password and at least three secret questions and answers. When the department receives this, you will automatically be provided with a username for your myGov account. The department will maintain audit logs of activity in relation to your account such as last sign in, attempted sign in and password changes, as well as other technical information relevant to the operation of your account. You can access much of the information from the department's audit logs in the account history area in your account. If you wish to link your myGov account to a Member Service's online account, the department may collect your personal information and send it to the Member Service, so that the department and the Member Service can undertake an authentication process to ensure that your myGov account is linked to the correct record. In relation to some Member Services, you may instead be able to link your myGov account to a Member Service's online account using a myGov linking code issued to you. The department will send the myGov linking code that you provide to the relevant Member Service that issued the linking code. The Member Service will validate the linking code and link your myGov account to the correct record. For these authentication processes you will be requested to provide to the Member Service the identification number relevant to that Member Service (for example, your Centrelink Customer Reference Number if linking to Centrelink, or your Tax File Number if linking to the Australian Taxation Office). The department will collect either your email address or mobile phone number, or both, together with your notification preference so that it can send you a notification that you have received a message in your myGov Inbox. The department will pre-populate your notification preferences with the details that it holds for account recovery purposes, and you will need to either confirm or update these details before you first use the myGov Inbox services. You can change your notification preferences within myGov at any time. You may opt out of receiving any further messages through the myGov Inbox from your linked participating Member Services at any time, by contacting the Member Services directly. You can only create a myGov Profile in your myGov account if you link your myGov account to either Centrelink, Medicare or the Australian Taxation Office. Your myGov Profile contains your name and date of birth, which is provided to myGov by Centrelink, Medicare or the Australian Taxation Office. Any updates to your name or date of birth that you subsequently provide to Centrelink, Medicare or the Australian Taxation Office will also (if your accounts with the relevant agency remain linked to your myGov account) be provided to myGov and updated in your myGov Profile. Your myGov Profile information will be shared with the Australian Taxation Office if you choose to link one or more Australian Business Numbers (ABN) to your myGov account and upon linking, every time you access a government digital online service relating to the linked ABN. Your myGov Profile information will be shared with linked participating Member Services when using the myGov Update Your Details service. The department will also collect personal information from you and the status of your updates from relevant Member Services when you use the Update Your Details service, for the purpose of administering that service. To find out more about the Update Your Details service visit the Update Your Details information page. If you do not provide your email address, you will not be able to create a myGov account or use the myGov Inbox service. If the department does not collect your name and date of birth from an existing record in a Profile Member Service, you will not be able to create a myGov Profile or link Profile Member Services to your myGov account. Return to top Uses and Disclosures The department will use your personal information, or disclose it to another organisation or government agency, for the purposes for which you or a Member Service gave it to us. Those purposes include establishing, maintaining and performing administration in relation to your myGov account and the links between that account and the Member Services, and providing you with the Update Your Details service. Your myGov Profile information will be shared with the Australian Taxation Office if you choose to link one or more Australian Business Numbers (ABN) to your myGov account and upon linking, every time you access a government digital online service relating to the linked ABN. When you use the myGov Update Your Details service, your myGov Profile information will also be shared with Member Services that you have linked your myGov account to and who are participating in the myGov Update Your Details service. In addition, the department may, use your personal information, or disclose it to another organisation or government agency, if: it is necessary to provide you with a service that you have requested (including enabling us to link your accounts providing the myGov Inbox service, creating your myGov Profile, and notifying Member Services of updated details through the Update Your Details service); it is necessary to complete an activity that you have chosen to undertake; you consent to the particular use or disclosure; the use or disclosure is reasonably necessary to lessen or prevent a threat to the life, health or safety of an individual, or to public health or safety or where the use or disclosure is reasonably necessary in order for the department or another government agency to take appropriate action in relation to suspected unlawful activity or misconduct; or the use or disclosure is required or authorised by law. Centrelink will use the contact details (email address or mobile telephone number) contained in your notification preference for your myGov Inbox to: let you know when it has sent you a message to your myGov Inbox; update the contact details that Centrelink holds for you; and either subscribe you for Centrelink's Electronic Messaging service or, if you are already subscribed, to update your contact details for that service. For Terms and Conditions for this Centrelink service go to humanservices.gov.au/em. If your myGov account is already linked to Centrelink when you first confirm your notification preferences, then Centrelink will use the details in your myGov preferences at that time. If you link your myGov account to Centrelink after you first use myGov Inbox, Centrelink will use the details in your myGov notification preferences at the time you link your myGov account to Centrelink. As Centrelink's records are separate to myGov, changing your myGov notification preferences or unlinking your myGov account from Centrelink would not automatically update the information relating to your notification preferences held in Centrelink records. You would need to update this information directly with Centrelink. If you need to update the information in your myGov Profile, you will need to contact the agency that originally provided this information to myGov (either Centrelink, Medicare or the Australian Taxation Office) to do so. If one of Centrelink, Medicare or the Australian Taxation Office notifies myGov of an update to the information in your myGov Profile, myGov may update your myGov Profile with this information and pass this update onto the other two agencies (if your myGov account is linked to your account with that agency at the time of the update). We will not disclose the personal information you provide to us to any overseas recipient. Return to top Cookies The department only analyses non-identifiable website traffic data to improve our services for the myGov website service. Cookies are pieces of information that a website can transfer to an individual's computer. We only use session-based cookies (temporary cookie files, which are erased when you close your browser) for the single sign-on service and to gather anonymous website usage data to help improve the structure and functionality of myGov. We do not use persistent cookies (cookies that remain on your hard drive until you erase them or they expire). You can change your web browser settings to reject cookies or to prompt you each time a website wishes to add a cookie to your browser. Some functionality on the myGov website may be affected if you reject cookies. The department will not attempt to identify you or your browsing activities. Return to top Data security The department takes reasonable steps to protect the personal information that it holds against loss, unauthorised access, use, modification or disclosure and against other misuse of data. These steps include storing electronic files in secure facilities, encryption of data, conducting regular backups of data, using audit and logging mechanisms and having physical access restrictions in place. Subject to the department's record-keeping obligations under the Archives Act 1983, personal information is destroyed in a secure manner, if it is no longer required. Return to top Access to and correction of your personal information You may gain access to any personal information collected and held as a result of the management of myGov unless the department is required or authorised by law to refuse to allow you to access the record. You can ask the department to amend information it holds about you if you consider that the information is misleading or is not complete or up to date. The department will make the amendment you request unless there is a sound reason under law not to make the amendment. The department will explain its reasons to you, if we decide not to amend the information. If the department refuses to make the amendment that you request, you may ask that a statement regarding the amendment that you have sought be added to your information. To protect your privacy and the privacy of others, the department may need to have evidence of your identity before we can give you access to information about you or change the information in your myGov account. As mentioned in this notice, the department will only be able to update the name and date of birth contained in your myGov Profile if the update is validated by Centrelink, Medicare or the Australian Taxation Office. The department's privacy policy contains information about how you can access personal information about you that the department holds, and seek the correction of this information. Return to top How to contact us If you wish to access your personal information, or if you are concerned about how myGov has collected or managed your personal information, please call Customer Relations on 1800 132 468 or the Teletypewriter (TTY) phone on 1800 000 567. The department's privacy policy contains information about how you can complain about a breach of the Australian Privacy Principles, and how we will deal with such a complaint. Vaya Direct Debit Agreement This agreement is with Vaya Pty Ltd (ABN: 18 150 761 032).  1. Our commitment to you  Where you have a service with Vaya Pty Ltd that does not include account usage charges, we will not change the amount or frequency of drawing arrangements without your prior approval.  Where you have a service with Vaya Pty Ltd that does include account usage charges, the amount and frequency of the drawing arrangements will be as per the terms and conditions of your service agreement with us. This may require drawing at various times in the month to cover the usage charges you have incurred.  Vaya Pty Ltd will not disclose your details except where necessary to Vaya Pty Ltd's financial institution and for the purposes of conducting direct debits with your financial institution.  Vaya Pty Ltd will give you at least 14 days notice in writing if there are changes to the terms of the drawing arrangements.  For monthly recurring subscription charges, Vaya Pty Ltd will draw from your nominated financial institution account normally 7 days prior to the expiry of your current account's subscription period. If the due drawing date is not a business day, Vaya Pty Ltd will draw on the business day before or after that date.  2. Your commitment to us You agree and understand that by creating an account with Vaya Pty Ltd, we will use your nominated credit card account for ongoing drawing arrangements unless you contact us and tell us to stop that drawing arrangement. You must enter a valid credit card in order to open an account with Vaya Pty Ltd and commence a drawing arrangement. It is your responsibility to:  Ensure your nominated account can accept direct debits.  Ensure there are sufficient funds available in the nominated account to meet each drawing. The due balance will be deducted from the nominated bank account/credit card on the due date of the invoice each month.  Advise us if the nominated account is transferred or closed, or the account details change.  Arrange an alternative payment method acceptable to Vaya Pty Ltd if Vaya Pty Ltd cancels the drawing arrangements.  Ensure that all account holders on the nominated financial institution account either sign or verbally agree to the Direct Debit Authorisation.  A fee of $10 applies if the financial institution rejects a Direct Debit transaction. Available payment methods are by bank account direct debit or by credit card. If you wish to change your payment method, please contact Customer Service.  3. Your rights  If you wish to alter the drawing arrangements for your next direct debit and your service does not include usage charges, please contact Vaya Pty Ltd at least 7 days prior to the due date of your service package renewal. Otherwise if your service does include usage charges, please contact Vaya Pty Ltd immediately to allow this change to be processed or make other arrangements as soon as possible. Vaya Pty Ltd cannot guarantee that changes can be made in time for the next direct debit but will strive to achieve this wherever possible. The drawing arrangements may include:    a) stopping an individual drawing    b) altering the DD Authorisation    c) cancelling the DD Authorisation   d) changing to another payment method, such as BPay To change a drawing arrangement or payment method please contact our support team at 1300 800 292 or email talk@vaya.net.au  Where you consider that a drawing has been initiated incorrectly, you should first contact Vaya Pty Ltd Customer Service. If you are not satisfied with the response, please contact our complaints team via: http://www.vaya.net.au/?option=Complaints. Vaya Pty Ltd has formal procedures for dealing with a complaint. You may also direct any disputes, stops or cancellations through your financial institution.  4. Other information Vaya Pty Ltd reserves the right to cancel drawing arrangements if drawings are dishonoured by your financial institution. Your drawing arrangements are also governed by the terms and conditions of your Vaya Pty Ltd account. UQ mySI-net Plagiarism Detection Work submitted may be subjected to a plagiarism detection process. If this process is used then copies of this work would be retained and used as source material for conducting future plagiarism checks. UQ mySI-net Privacy Statement The University of Queensland (we) complies with Australian and Queensland privacy laws and guidelines. We treat personal information we collect as confidential. We will only use personal information you give us for our administrative or educational purposes, to assist you to improve your success and experience as a student, and keep in touch with you after you graduate. To comply with legal and administrative obligations, we routinely supply personal information to government agencies. We will not give anyone else your personal information unless you agree or the law says we must. We may use personal information to prepare statistical information which we may then distribute but only in a form that does not identify any one. Queensland Rail Free WiFi terms and conditions Please read these terms and conditions carefully; they govern your use of this wireless local access network service (“the Service”). The Service may be interrupted from time to time due to system performance measurements or other configuration changes. There is no guarantee that the Service will be available at all times, nor that the performance of the Service will be suitable to provide internet access. The Service is presently available free of charge however, Queensland Rail reserves the right to charge for the Service in the future or charge for any premium services which may become available. 1.0 THE SERVICE The Service is a wireless data service using radio frequency to provide access on the passenger cars of the train. Wireless connections are then used to create the connection between the train and the internet. When you are located within the radio frequency coverage area of a location, you may connect to the Service using your computer equipment. The Service is dependent on the suitability of your computer equipment. Nomad offers the Service for activities such as the active use of e-mail, and browsing the World Wide Web. 2.0 INFORMATION ABOUT THIS SERVICE The landing page (“Landing Page”) and these terms and conditions (“Terms and Conditions”) are operated by Nomad Digital Pty Ltd (ACN 152 725 936) (“Nomad”) for Queensland Rail Limited (ACN 132 181 090) (“Queensland Rail”). There may be times when the Service is unavailable due to testing or system configuration changes. In these Terms “us”, “we” or “our” means Nomad and “you” or “your” means the individual using the Landing Page, the Terms and the Service. 3.0 TERMS COVERING YOUR USE OF THIS SERVICE For that reason these Terms are important and you should ensure that you read them carefully. By using the Service you acknowledge and agree that you have read and understood the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Service. We reserve the right, at our discretion, to modify, add to or remove or update any of the Terms at any time without further notice to you or without giving you any explanation or justification for such change. You should check these Terms from time to time to ensure you are happy with any changes. Your continued use of the Service following the updating of the Terms shall mean you accept those changes. We advise you to save a copy of them for your information in the future. 4.0 LICENSE GRANTED TO YOU We grant you a non-exclusive, non-transferable licence to use the Service in accordance with the Terms. We may terminate this licence at any time if you are in breach of any of the Terms. 5.0 THIRD PARTY MATERIALS The Landing Page, these Terms and the Service may contain trademarks and other material belonging to third parties. Copyright rests with the third party and is subject to all relevant Copyright and Trademark laws. Nothing contained on the Landing Page, these Terms or the Service shall be construed as us granting any licence or right of use for any trademark or other material without the express written permission of the relevant owner. The Landing Page, these Terms and the Service may also contain links to third party websites as well as content added by people other than us. We do not endorse, sponsor or approve any content available on any linked website. If you enter a third party website via one of these links you do so at your own risk. If you contact a third party using functionality provided on the Landing page, these Terms or through the Service, including via email we accept no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party. We reserve the right to terminate any link at any time. We may from time to time include advertising by third parties on the Service. 6.0 INTELLECTUAL PROPERTY RIGHTS The Landing Page, these Terms and the Service may contain material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance, graphics and any documents on the Landing Page and in these Terms as well as any other content. It is protected by intellectual property laws including, but not limited to, copyright. You acknowledge and agree that, as between you and us we either own or (where acknowledged) licence all intellectual property rights in the Landing Page. Nothing in the Term constitutes a transfer of any intellectual property rights. All trademarks reproduced on the Landing Page, in these Terms or in the Service which are not the property of or licensed to Nomad/Queensland Rail are acknowledged. You may view, use, and download material on the Landing Page and the Terms for personal and research use only. Commercial use is not permitted. The re-distribution, re-publication, or otherwise making available of such material to third parties is prohibited. Unauthorised use of the Landing Page or the Service may give rise to a claim for damages and/or be a criminal offence. 7.0 ACCURACY OF INFORMATION Any information contained on the Landing Page, in these Terms or the Service is given in good faith and for general information and interest only. It is subject to change without notice. We are not responsible for any inaccuracies and make no representation, give no warranty or guarantee that the information is current, accurate and free from omissions or errors. Any information given on the Landing Page, in these Terms or by the Service should not be relied on and does not constitute any form of advice or recommendation. By accessing the Landing Page, the Terms and the Service you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to in the Landing Page, Terms or through the Service are entirely at your sole risk and responsibility. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on any information obtained through the Landing Page, the Terms or through the Service. Our liability to you as explained in the Liability clause of these Terms and Conditions remains unaffected by this. 8.0 NO GUARANTEES AS TO SECURITY We do not warrant that any information, software or other material accessible through the Landing Page, Terms or Service is free of viruses, worms, Trojan horses or other harmful components. While we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the internet or while stored on our systems. We disclaim all liability to you to the greatest extent possible pursuant to law should this occur. Nomad/Queensland Rail assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect your computer or mobile device or other property on account of your access to or use of the Service. Nomad/Queensland Rail is not responsible for the content of any website accessed or used via the Service. Your access to and use of any website or network connection whilst using the Service is entirely at your own risk. 9.0 YOUR OBLIGATIONS AND RIGHTS You are responsible at your own expense for having suitable computing equipment such as laptop or pocket personal computers with wireless LAN (IEEE 802.11b or IEEE 802.11g) and associated software and configurations for use with the Service. You will be sharing your trip with others so please consider the privacy, peace and personal space of others. Please make sure you behave in a way which does not disturb or cause offence to your fellow passengers. You must not use the Service to: make high volume data transfers, especially sustained high volume data transfers; host a web server or any other server; access someone else's account; send unsolicited bulk e-mail; collect other people's personal data without their knowledge; interfere with other network users; for any defamatory or illegal purpose; disturb or cause offence to others; access content with respect to adult or sexually explicit material, criminal activity, games, hacking, intolerance and hate, personals and dating, advertisements and pop-ups, alcohol and tobacco, chat, gambling, illegal drugs, intimate apparel and swimwear, peer to peer, phishing and fraud, proxies and translators. We reserve the right to filter the traffic on this Service, at all times and the following items/ conditions are to apply to the traffic: 1 Only HTTP, HTTPS and email traffic will be allowed. 2 FTP, VPN and Peer to Peer traffic will not be transported. 3 Web access to the categories outlined in Your Obligations and Rights will be filtered.We reserve the right to suspend the Service if we: (a) reasonably believe that your use of the Service is unreasonably excessive (i.e., in excess of 21 megabytes per four hour period); or (b) reasonably believe that you are using the Service for criminal or illegal activities; or (c) you are otherwise in breach of these Terms. You do not have the right to resell this Service to a third party. 10.0 LIABILITY The Terms do not exclude the Our liability (if any) to you for personal injury or death resulting from Our negligence, for fraud or for any matter in respect of which it would be illegal for Us to exclude or to attempt to exclude its liability. 1 the use of or access to the Landing page, Terms or the Service; or 2 the inability to use or access the Landing page, Terms or the Service; or 3 unauthorised access to your transmissions or data or statements; or 4 the conduct of any third party. To the full extent permitted by law we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and do not give or assume any warranty, condition, undertaking or term, whether statutory, express or implied, as to condition, satisfactory quality, performance, durability, fitness for purpose or otherwise of the Landing Page. No liability will be accepted by Nomad or Queensland Rail for any loss, or damage caused by the use of this Service. We do not guarantee that the Landing Page, the Terms or the Service will be compatible with all hardware and software which you may use. We do not guarantee the Service can be accessed at all times and/or at all locations within Queensland Rail’s network. You understand and agree that prior to your use of the Landing Page, the Terms or the Service; it is your responsibility to make sure that your computer system or access device has been completely backed up. We are not responsible for loss of computer programme data or information. We shall not be liable to you if you cannot use and/or access the Landing Page, the Terms and or the Service because: of any power outage; a location or our network is undergoing maintenance as previously scheduled and noticed on our website or the Landing Page; or the Service has been suspended or interrupted because of a reason outside of our reasonable control. WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A RESULT OF A BREACH OF THESE TERMS BY US. WE ARE NOT RESPONSIBLE TO YOU FOR ANY LOSSES WHICH YOU MAY INCUR WHICH WERE NOT A FORESEEABLE CONSEQUENCE OF OUR BREACHING THESE TERMS, FOR EXAMPLE IF YOU AND WE COULD NOT HAVE CONTEMPLATED THOSE LOSSES BEFORE OR WHEN YOU ACCESSED OR USED OUR SERVICES. OUR LIABILITY TO YOU SHALL NOT IN ANY CIRCUMSTANCES INCLUDE LOSSES RELATING TO ANY BUSINESS, INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION. THESE TERMS AND CONDITIONS ARE TO BE READ SUBJECT TO ANY LEGISLATION WHICH PROHIBITS OR RESTRICTS THE EXCLUSION, RESTRICTION OR MODIFICATION OF ANY IMPLIED WARRANTIES, CONDITION OR OBLIGATION. IF SUCH LEGISLATION APPLIES, TO THE EXTENT POSSIBLE, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM TO, AT OUR OPTION TO DIRECT LOSS AND TO THE SUM OF FIVE HUNDRED DOLLARS ($500). 11.0 INDEMNITY You shall at all times indemnify us and keep us indemnified and hold us harmless from and against any loss (including reasonable legal costs and expenses), damage, claims, liabilities, costs and proceedings that we may incur or suffer arising out of or in connection with your use of the Service or out of or in connection with a breach of the Terms by you. 12.0 GENERAL You must not assign, sublicense or otherwise deal in any way with any of your rights under these Terms. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. These Terms will terminate if, for any reason, we cease providing the Services. Termination will not end those provisions that are capable of surviving termination. 13.0 PRIVACY POLICY When you access the Service via the Landing Page and these Terms your device ID (MAC Address) is recorded by the system to track your usage. This information is used to identify your device only. When you use the Internet via the Service, all your Internet traffic and e-mail passes through our servers. All of the transmissions from your device via this service will be filtered as per the categories set out in the Your Obligations and Rights. However, we do not and will not monitor, read or examine that traffic at any time in such a way as to see any personal data unless at any time we are required to do so by law. We reserve the right to collect, collate and use any data or user information which results from use of the Service for internal use only by Queensland Rail and subject to the Privacy Act 1988 (Cwth). Weaved Terms of Use Last updated Feb 21, 2015 Introduction Welcome to the Weaved, Inc. website and service (collectively, the ‘Service’).These Terms of Use for the Service is a legal contract between you, an individual user or a single entity, and Weaved regarding your use of the Service. The terms “you,” “your,” and “yours” refer to you, the user of the Service. The terms “Weaved,” “Company,” “we,” “us,” and “our” refer to Weaved, Inc. We may periodically make changes to these Terms of Use. It is your responsibility to review the most recent version of these Terms of Use frequently and remain informed of any changes to it. You agree that your continued use of the Service after such changes have been published to the Service shall constitute your acceptance of such revised Terms of Use. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE ‘TERMS OF USE’ OR ‘TERMS’). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE. License to use the service Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Service for your personal or internal business use and not for resale or further distribution. Your right to use the Service is limited by the terms set forth in these Terms of Use. Except for this license granted to you, we retain all rights, title, and interest in and to the Service, including all related intellectual property rights. The Service is protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service; (b) rent, lease, or sublicense access to the Service; nor (c) circumvent or disable any security or technological features or measures of the Service. Access to the Service; Modifications to the Service We do not provide you with the equipment to access the Service. You are responsible for all fees charged by third parties to access the Service (e.g., charges by internet service providers). If you are using the Service on behalf of a company, entity, or organization, then you represent and warrant that you: (a) are an authorized representative of that organization with the authority to bind such organization to these Terms and (b) agree to be bound by these Terms on behalf of such organization.We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to the Service at any time, for any or no reason, with or without prior notice, and without liability. We reserve the right, at any time, to change or impose fees for access to and use of the Service. In order to use the Service, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SERVICE, YOU REPRESENT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS IN THIS SECTION. IN ANY CASE, YOU AFFIRM THAT YOU ARE OVER THE AGE OF 13, AS THE SERVICE IS NOT INTENDED FOR CHILDREN UNDER 13. Content The Service allows you and other third parties to retrieve, process and/or access information using the Service, including media, text, audio and video recordings, photos, graphics, commentary or any other content (“Content”) and to host and/or share such Content. You are the owner of your Content and are solely responsible for your conduct and the content of your Content, as well as any of the content contained in your communications with other users of the Service, and you are solely responsible for the consequences of accessing, retrieving or making available such Content. You are solely responsible for maintaining and protecting all data and information that you access, retrieve or make available, or that is otherwise processed, through the Service. In connection with Content, you affirm, represent and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to enable use of the Content in the manner contemplated by the Service and these Terms, and (ii) your use or making available of the Content on or through the Service does not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person, or (C) violate any applicable law or regulation. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Content accessed, retrieved, made available or that is otherwise processed, by you on or through the Service. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Content expressed or made available on the Service are those of the respective authors or producers and not of the Company, or its stockholders, directors, officers, or employees. Content is not controlled by Weaved. Weaved does not guarantee the accuracy, integrity or quality of Content and makes no representations that your Content will remain accessible via the Service in any way and may terminate your access to the Service in its sole discretion. YOU UNDERSTAND THAT WEAVED DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY CONTENT. If at any time, Weaved chooses, in its sole discretion, to monitor Content, Weaved nonetheless assumes no responsibility for Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, usefulness, or legality of such Content. Restrictions The Service is controlled and hosted in the United States of America. You must comply with all applicable laws, including U.S. export control laws, when using the Service. Weaved makes no representations that the Service is appropriate or available for use in other locations. If you are accessing or using the Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with all applicable local laws. Except as may be expressly permitted by applicable law or authorized by the applicable holder of intellectual property rights to any of the Content made available on the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the Content or compile or collect any Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Service or store, copy, modify, distribute, or resell any Content; (c) rent, lease, or sublicense your access to the Service to another person; (d) use the Service or Content for any purpose except for your own personal or internal business use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (f) use the Service in a manner that threatens the integrity, performance, or availability of the Service; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or Content. Privacy policy Your privacy is important to Weaved. Our collection and use of registration and other information about you is governed by our Privacy Policy available at http://www.weaved.com/privacy-policy. Please read this policy carefully for information relating to Weaved’s collection, use, and disclosure of your personal information. Links and third party content The Service may contain links to third party products, services, and websites. We exercise no control over such third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through any third party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through any third party products, services, and websites. ACCESS AND USE OF ANY THIRD PARTY PRODUCTS, SERVICES OR WEBSITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH ANY THIRD PARTY PRODUCTS, SERVICES OR WEBSITES, IS SOLELY AT YOUR OWN RISK. Password If you register, you will be asked to provide a password. You agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to immediately notify Weaved if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. YOU MAY BE LIABLE FOR THE LOSSES INCURRED BY WEAVED OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT. Submissions You agree that the Company is free to use any images, comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a “Submission”), including, without limitation, responses to questionnaires or through postings to the Service without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service and our products and services. Furthermore, by posting any Submission on the Service, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you affirm, represent and warrant that: (i) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the Service does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Submission posted by you on or through the Service. Use restrictions You are solely responsible for any Content and other material that you submit, publish or display on the Service or transmit to other users of the Service. You will not use the Service to: (a) upload, post, publish, or otherwise transmit or make available any information, including media, text, audio and video recordings, photos, graphics, commentary or any other content, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm the Company or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, publish, or otherwise transmit or make available any content that you do not have a right to transmit or make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit or make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, publish, or otherwise transmit or make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (g) upload, post, publish, or otherwise transmit or make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (i) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; (j) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (k) “stalk” or otherwise harass another; (l) write comments that in any way refer to persons under 18 years of age or upload, post, email, or otherwise transmit or make available any material that would be harmful to minors in any manner; or (m) collect or store personal data about other users. If you see content on the Service that violates these use restrictions, please contact Company at violations@weaved.com. Disclaimer of warranties YOUR USE OF THE SERVICE AND CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE OR CONTENT, AND YOU RELY ON THE SERVICE AND CONTENT AT YOUR OWN RISK. ANY CONTENT OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE ACCESS, DOWNLOAD OR USE OF ANY INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE. THE COMPANY DOES NOT WARRANT THAT ANY INFORMATION, MATERIALS, OR DATA OFFERED ON OR THROUGH THE SERVICE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. Limitation of liability THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE OR CONTENT. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR CONTENT OR THE INABILITY TO USE THE SERVICE OR CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Copyright infringement If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at copyright@weaved.com and provide the Company’s copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Company’s agent for notice of claims of copyright infringement on this site can be reached using the contact information below. Indemnification You will indemnify and hold the Company, and its parent, subsidiaries, affiliates, and the officers, directors, agents, employees and representatives of any of them, harmless from any and all claims, losses, obligations, costs, damages, liabilities and expenses (including attorneys’ fees) caused by your use or misuse of the Service or Content, your violation of these Terms of Use, your violation of any rights of a third party through use of the Service or Content, including claims that any Content infringes or violates any third party intellectual property rights, or any unauthorized use of your account not caused by the Company. Updates to these Terms of Use We may occasionally update the Service and these Terms of Use. When we do, we will revise the ‘last updated’ date on these Terms of Use. You should check the Service and these Terms of Use frequently to see recent changes. Your continued use of the Service after such changes will be subject to the then-current terms of use. This version of these Terms of Use shall supersede all earlier versions. Legal notices Enforcement of these Terms of Use will be governed by California law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Service will lie in the State and Federal courts located in Santa Clara County, California, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Company to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of Weaved to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are entire and exclusive agreement between you and Weaved relating to the subject matter herein and supersedes any prior agreements between Weaved and you regarding said subject matter. WEAVED END USER LICENSE AGREEMENT LICENSE GRANT. Subject to the provisions contained herein and payment of applicable fees, Weaved Inc hereby grants to you a non-exclusive, nontransferable, license to use its accompanying proprietary software application products offered on the Weaved Inc web site (“Software”) for your own use. Such Software is protected by the laws of the United States and international treaties. RESTRICTED USE. All rights not expressly granted herein are retained by Weaved Inc and its licensors. Except as stated above, this Agreement does not grant the Customer any intellectual property rights in the Software. Customer  shall not rent, lease, transfer or sublicense the Software. Customer shall not under any circumstances nor shall Customer permit a third party to: Decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or discover the source code of the Software or Prepare derivative of the Software or remove any product identification, Weaved Inc, trademark or other notice from the Software. Any such copy made by you shall be subject to this Agreement and shall contain all of Weaved Inc’s notices regarding Weaved Inc’s, trademarks and other proprietary rights as contained in the Software originally provided to you. You may only utilize the Software for Your personal, individual and commercial use. You may not use the Software to provide time-sharing or service bureau services to third parties.  All rights not expressly granted under this Agreement are reserved by Company. Weaved has right to restrict or limit the amount of bandwidth and time of use at any time and without notice. TITLE. The Software’s organization, structure, sequence, logic, and source code are valuable to the Company.  Any and all title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain at any and all times in Weaved Inc and/or its suppliers.  Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable Weaved Inc or other law. This License does not give Customer any rights to such content. LIMITED WARRANTY. Weaved Inc  warrants to the Customer, for a period of  thirty (30) days from installation of Software, or use of services, whichever is earlier, that it will replace any defective media on which the Software is provided and that the Software, if not modified and if properly installed and used, will substantially conform to the material  specifications set forth in the documentation, Such warranties are for the Customer’s benefit only and  are not transferable. Weaved Inc does not warrant that the Software will operate error free or uninterrupted or will meet your requirements. Except for the express warranties stated in this section, the Software are licensed “as is” and Weaved Inc  specifically excludes and disclaims all warranties of merchantability, fitness for a particular purpose, statutory non-infringement of third party intellectual property rights and any warranty that may arise by reason of trade usage, custom or course of dealing and Customer hereby expressly waives any and all such warranties. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Weaved Inc  OR ITS SUPPLIERS OR RESELLERS BE  LIABLE TO YOU OR ANY OTIER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTFER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF Weaved Inc ‘s LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EYEN IF Weaved Inc  SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTFER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THIRD PARTY SOFTWARE. The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at the end of this document and are made a part of and incorporated by reference into this License Agreement. By accepting this License Agreement, you are also accepting the additional terms and conditions, if any, set forth therein. TECHNICAL SUPPORT.  Weaved free software cannot guarantee and/or provide technical support for the Software is provided by Company.  We do offer a user forum where Weaved’s register users can post issues or questions. EXPORT CONTROLS You (Customer) agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.  Specifically, Customer covenants that it shall not — directly or indirectly — sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Weaved, Inc. under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, Weaved, Inc. from and against any fines or penalties that may arise as a result of Customer’s breach of this provision.  This export control clause shall survive termination or cancellation of this Agreement. The Weaved desktop software is classified as ECCN 5D992. DENIED/RESTRICTED PARITIES LIST. You (Customer) may not download, use or otherwise export the Software to individuals or entities listed on the U.S. government’s Denied/Restricted Parties List without first obtaining a license. Please review the U.S. Bureau of Industry and Security’s lists to check, at http://www.bis.doc.gov/index.php/regulations/commerce-control-list-ccl TERMINATION. This Agreement is effective until terminated. Weaved Inc may terminate this Agreement immediately if Customer attempts to reverse engineer the Software or otherwise violate any of the restrictive uses as described herein.  Otherwise, this Agreement may be terminated by either party for a breach of any of its material terms, provided the non-breaching party provides to the breaching party 30 days written notice describing such breach and offering the breaching party an opportunity to cure.  Failure to cure a material breach within the notice period shall result in automatic termination of this Agreement.  Should this Agreement be terminated for your material breach, Customer agrees to remove all copies of the Software or any part of the Software from any and all computer storage devices, and destroy the Software and all Documentation.  At Weaved Inc’s request, Customer or any of Customer’s authorized signatory on the account, shall certify in writing to Weaved Inc that all complete and partial copies of the Software and the Documentation have been destroyed and that none remain in Customer’s possession or under its control. The provisions of this Agreement except for the Section 1, “License Grant,” shall survive. MISCELLANEOUS. This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO TIE TERMS SET FORTH HEREIN, AND Weaved Inc AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under the law of California as such law applies to agreements between California residents entered into and to be performed entirely within California except as governed by Federal Law. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor / manufacturer is Weaved Inc. 341 Hawthorne Avenue, Palo Alto CA 94301 Weaved Proprietary software may be linked with the following code which contains the following copyrights: SHA1 Code: /* ————————————————————————— Copyright (c) 2002, Dr Brian Gladman, Worcester, UK.   All rights reserved. LICENSE TERMS The free distribution and use of this software in both source and binary form is allowed (with or without changes) provided that: 1. distributions of this source code include the above copyright notice, this list of conditions and the following disclaimer; 2. distributions in binary form include the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other associated materials; 3. the copyright holder’s name is not used to endorse products built using this software without specific written permission. ALTERNATIVELY, provided that this notice is retained in full, this product may be distributed under the terms of the GNU General Public License (GPL), in which case the provisions of the GPL apply INSTEAD OF those given above. DISCLAIMER This software is provided ‘as is’ with no explicit or implied warranties in respect of its properties, including, but not limited to, correctness and/or fitness for purpose. ————————————————————————— Issue Date: 01/08/2005 */ brg_endian code: /* ————————————————————————— Copyright (c) 2003, Dr Brian Gladman, Worcester, UK.   All rights reserved. LICENSE TERMS The free distribution and use of this software in both source and binary form is allowed (with or without changes) provided that: 1. distributions of this source code include the above copyright notice, this list of conditions and the following disclaimer; 2. distributions in binary form include the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other associated materials; 3. the copyright holder’s name is not used to endorse products built using this software without specific written permission. ALTERNATIVELY, provided that this notice is retained in full, this product may be distributed under the terms of the GNU General Public License (GPL), in which case the provisions of the GPL apply INSTEAD OF those given above. DISCLAIMER This software is provided ‘as is’ with no explicit or implied warranties in respect of its properties, including, but not limited to, correctness and/or fitness for purpose. ————————————————————————— */ brg_types code: /* ————————————————————————— Copyright (c) 1998-2006, Brian Gladman, Worcester, UK. All rights reserved. LICENSE TERMS The free distribution and use of this software in both source and binary form is allowed (with or without changes) provided that: 1. distributions of this source code include the above copyright notice, this list of conditions and the following disclaimer; 2. distributions in binary form include the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other associated materials; 3. the copyright holder’s name is not used to endorse products built using this software without specific written permission. ALTERNATIVELY, provided that this notice is retained in full, this product may be distributed under the terms of the GNU General Public License (GPL), in which case the provisions of the GPL apply INSTEAD OF those given above. DISCLAIMER This software is provided ‘as is’ with no explicit or implied warranties in respect of its properties, including, but not limited to, correctness and/or fitness for purpose. ————————————————————————— Issue 09/09/2006 RC4 Code: rc4.h Copyright (c) 1996-2000 Whistle Communications, Inc. All rights reserved. Subject to the following obligations and disclaimer of warranty, use and redistribution of this software, in source or object code forms, with or without modifications are expressly permitted by Whistle Communications; provided, however, that: 1. Any and all reproductions of the source or object code must include the copyright notice above and the following disclaimer of warranties; and 2. No rights are granted, in any manner or form, to use Whistle Communications, Inc. trademarks, including the mark “WHISTLE  COMMUNICATIONS” on advertising, endorsements, or otherwise except as such appears in the above copyright notice or in the software. THIS SOFTWARE IS BEING PROVIDED BY WHISTLE COMMUNICATIONS “AS IS”, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHISTLE COMMUNICATIONS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHISTLE COMMUNICATIONS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THIS SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. IN NO EVENT SHALL WHISTLE COMMUNICATIONS BE LIABLE FOR ANY DAMAGES RESULTING FROM OR ARISING OUT OF ANY USE OF THIS SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF WHISTLE COMMUNICATIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. * $FreeBSD: src/sys/crypto/rc4/rc4.h,v 1.2.2.1 2000/04/18 04:48:32 archie Exp * $ */ asi-http-request: /* asi-http-request https://github.com/pokeb/asi-http-request/blob/master/LICENSE Copyright (c) 2007-2011, All-Seeing Interactive. All rights reserved. * Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of the All-Seeing Interactive nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY All-Seeing Interactive ”AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL All-Seeing Interactive BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. */ JSON Framework /* A strict JSON parser and generator for Objective-C http://stig.github.com/json-framework Copyright (C) 2009-2010 Stig Brautaset. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Weaved Privacy Policy Last updated Dec 29, 2014 Weaved, Inc. (“Weaved”) is pleased to provide this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personally identifiable information we receive from you and other users of the Weaved service, through our software and our website located at http://www.Weaved.com (the “Website”). Such service, the software and Website are collectively referred to in this Privacy Policy as the “Service.” This Privacy Policy applies only to information that you provide to us through the Service. Weaved reserves the right to update this Privacy Policy from time to time, and we will notify you of any material changes by posting the new Privacy Policy on the Website at http://54.237.3.31/privacy-policy/. We encourage you to review this Privacy Policy regularly for any changes. Your continued use of the Service will be subject to the then-current privacy policy. Information we collect The data that we regularly collect about visitors to the Website (e.g., IP address, browser type, pages accessed, duration of visit, etc.) does not necessarily enable us to personally identify you, and that is not our intention. We do collect personally identifiable information about you, such as your name and email address, when you voluntarily provide it by registering with us or using the Service. Once you become a user, you may provide additional information. Providing additional information is optional. To facilitate your use of the Service, Weaved may automatically collect certain types of information when you access or use the Service. In order to collect this data, Weaved may utilize automated tools and files such as “cookies.” These automated tools and files may reside on our servers or on your computer or device. If you restrict our ability to use automated tools and files, your ability to access and use all or part of the Service may be limited or disabled completely. Use of information Weaved uses your personally identifiable information primarily for the following purposes: (i) to provide and improve our Service, features and content, (ii) to administer the service, including to verify your authority to access the Service, (iii) to provide customer support for the Service, (iv) to fulfill requests you may make, (v) to personalize your experience, (vi) to provide or offer software updates and product announcements, and (vii) to provide you with further information from us that we believe you may find useful or interesting. We use information we obtain by technical means (such as the automatic recording performed by our servers or through the use of cookies) for the above purposes and in order to monitor and analyze use of the Service, for the Service’s technical administration, to increase the Service’s functionality and user-friendliness, to better tailor it to your needs, to generate and derive useful data and information concerning the interests, characteristics and website use behavior of our users, and to verify that users of the Service meet the criteria required to process their requests. Controlling your personal information Weaved may make available to users chat rooms, forums, message boards, and other interactive features. You should be aware that when you voluntarily disclose personally identifiable information (e.g. user name, e-mail address) via forums, postings, profiles or other areas of the Website, that information, along with any substantive information disclosed in your communication, can be collected, correlated and used by third parties and may result in unsolicited messages from other posters or third parties. Such activities are beyond the control of Weaved. Please do not post any personal information on the Website or in other areas that you expect to keep private. Weaved may disclose your personal information to third parties from time to time in our sole discretion. For this reason you should not disclose information to Weaved that you do not want shared with third parties. In addition to the foregoing, Weaved will disclose your personally identifiable information as Weaved believes is reasonably necessary to comply with law, regulation or other governmental authority, to protect the property and rights of Weaved or a third party, to protect the safety of the public or any person, or to prevent or stop any activity Weaved may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable. Weaved may also contract with various third parties who help us provide and maintain the Service (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service’s features). In these cases, we will use commercially reasonable efforts to prevent such third parties from disclosing your personal information, except for the purpose of providing the services in question. Additionally, as part of the Service, Weaved will make your profile information available to other users of the Service. Finally, Weaved may disclose your personally identifiable information upon a transfer or sale to another entity of all or substantially all of Weaved’s stock or assets in Weaved’s line of business to which this Privacy Policy relates or upon any bankruptcy or other corporate reorganization. For your convenience, we may provide links to certain third party websites or referrals to certain third parties’ products or services. If you choose to visit a third party’s website or use its products or services, please be aware that the third party’s privacy policy, and not the Weaved privacy policy, will govern your activities and any information you disclose while interacting with the third party. Because any personally identifiable information you submit to Weaved is purely voluntary and should not be of a particularly sensitive nature, we employ our standard security measures with respect to this information and do not use special encryption methods at this time. Weaved user accounts are secured by user-created passwords. Please note that Weaved cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. Collection of information from children We do not knowingly collect personally identifiable information relating to children. In the event that we learn that we have collected personally identifiable information from anyone under 13 years of age without prior parental consent, we will take steps to promptly delete such information. By providing your personal information to Weaved, through the Service, you represent that you are 13 years of age or older. International visitors and users The Website is hosted in the United States. If you are visiting from the European Union (EU) or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and by providing your personal data you consent to: The use of your personal data for the purposes identified above in accordance with this Privacy Policy; and The transfer of your personal data to the United States as indicated above. No error free performance Weaved does not guarantee error-free performance under this Privacy Policy. We may not always catch an unintended privacy issue, despite our efforts to do so. Accordingly, we welcome your feedback regarding any privacy concerns that you may have, including how we can improve this Privacy Policy. We will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when we learn of any failure to comply with it. This Privacy Policy is subject to the terms in our Terms of Use, available for review at http://www.weaved.com/terms-of-use, including terms regarding limitations on damages, disclaimers of warranties, and resolution of disputes. Our Terms of Use take precedence over any conflicting provision in this Privacy Policy. MyGov Terms of Use 1. Introduction 1.1 About these terms of use These terms of use describe what you need to know and understand about your rights and responsibilities as a user of myGov. This includes the use of myGov on any myGov Platform, including: the myGov Website; and a myGov Authentication Service. By creating a myGov account or by accessing myGov on any myGov Platform, you are agreeing: to be bound by these terms of use; and to comply with all of your responsibilities, as set out in these terms of use. Some of the words in these terms of use have a particular meaning. These words, and the meaning of these words, are set out in the definitions table at section 9 of these terms of use. You should refer to the definitions table when reading these terms of use. You can skip to the definitions table by selecting 'Go to definitions' at the end of each paragraph. Return to top Go to definitions 1.2 About using myGov myGov is operated by the Australian Government, as represented by the Department of Human Services (the department). Once you create a myGov account, you will be able to access a range of services from Member Services, by linking your myGov account to one or more of the Member Services. Member Services may be operated by: the department; or Other Agencies. Some Member Services require you to have a myGov Profile. You can create a myGov Profile by linking to a Profile Member Service. Sometimes, the department may add or remove Member Services and/or Profile Member Services. Return to top Go to definitions 1.3 Changes to myGov and these terms of use The department may change, add or remove any of the functionality of myGov, or make changes to these terms of use at any time. If those changes affect your rights or responsibilities, the department will tell you and you will be asked to accept the new terms of use. If you are told about a new version of the terms of use, you will need to accept them before you will be able to access your myGov account. These terms of use replace any terms of use you may have previously accepted which covered: your use of myGov (or the previous website: australia.gov.au); or any Department Member Service. Return to top Go to definitions 2. Your responsibilities 2.1 Accessing and using your myGov account You will need to: be a natural person to access or seek to access myGov or a Member Service; use your myGov Security Details to access your myGov account; and make sure your personal details (including your name and email address) are accurate and kept up to date with myGov and any Member Services you may be using. You must not: access or link to, or try to access or link to, any other person's myGov or Member Service account; or allow any other person to access your myGov account on your behalf. If you can't access myGov yourself, rather than allow another person to access your account, which is not permitted, you have three options: contact the Member Service directly; or visit a myGov shopfront; or contact the department using the details available at Contact us. Return to top Go to definitions 2.2 Keeping your myGov Security Details safe You must: keep your myGov Security Details secure at all times and not share them with any other person; and not allow any other person to use your myGov Security Details. If you think that the security of your myGov account may have been compromised (for example, if your myGov Security Details have been, or may be, accessed by another person without your permission) you should tell the department as soon as possible using the details at Contact us. For information about how to keep your myGov Security Details secure, visit the myGov Security tab. Return to top Go to definitions 2.3 Responsibility for access and use of your myGov account If you don't keep your myGov Security Details safe (see your responsibilities at section 2.2), and someone else uses them, you will be responsible for everything they do with your account. If you deliberately allow someone else to use your myGov account, which is not permitted, you will be responsible for everything they do with your account. If you comply with the security requirements in these terms of use, you will not be responsible for any unauthorised access to your account. For example, if your account is accessed by an unauthorised person, as a result of fraud, you will not be responsible for the actions of that unauthorised person. Return to top Go to definitions 2.4 How you must not use myGov You must not use myGov or your myGov account: in a way that infringes anyone else's rights or prevents them from using myGov; in any way which may harass or cause distress or inconvenience to anyone; to cause disruption to myGov; to post or transmit unlawful, defamatory, obscene, offensive, or scandalous material; to participate in any illegal or fraudulent activity; or to post or transmit material that breaks or encourages breaking the law. If you use myGov or your myGov account to do any of the above things, your myGov account may be locked, suspended or terminated and you may even face civil or criminal penalties (depending on what has happened). You must also not use any software (for example, bots or scraper tools) or other automatic devices to access, monitor or copy myGov or its contents unless given written permission to do so by the department. Return to top Go to definitions 2.5 Information that you provide on myGov You need to provide complete and correct information when using your myGov account or a Member Service. Providing incomplete, inaccurate or false information to myGov or a Member Service will be treated in the same way as providing incorrect information on a form or in person and may result in prosecution and civil or criminal penalties. Return to top Go to definitions 2.6 Member Service terms Most terms relating to your use of myGov are contained in these terms of use. However, when you link to and use Member Services, you may be required to accept and comply with their separate terms of use. Not all Member Services have separate terms of use. Any Member Service terms are in addition to these terms of use and if they are different to these terms of use, the Member Service terms of use will apply to your dealings with that Member Service. Your use of myGov and having a myGov account does not: change any obligation the department or any Other Agency owes you in respect of the provision to you of services; or change any obligation you owe to the department or any Other Agency in respect of your receipt of services. Return to top Go to definitions 2.7 Availability of your myGov account If myGov is not available for any reason or you unlink a Member Service, access to Member Services may not be available through another online channel. However, you can communicate directly with the department or Other Agency in writing, by telephone or in person by using the details at Contact us. You may close your myGov account at any time. Return to top Go to definitions 3. Our responsibilities 3.1 What we are responsible for The department will take reasonable care in providing information and services through myGov. Return to top Go to definitions 3.2 What we are not responsible for The department is not responsible for ensuring: that myGov is error free; that any defects in myGov will be rectified; or that you will have continuous access to myGov. The department is not responsible for any Loss that could arise as a result of your use of myGov or a Department Member Service or your inability to access myGov or a Department Member Service. The department cannot be sure and does not guarantee that the material on any Other Agency or Approved Digital Mail Service website is accurate, complete, current or does not infringe the intellectual property rights or any other rights of any person. Return to top Go to definitions 3.3 Security The department is responsible for ensuring the security of: information while it is being collected by, stored on or passing through the myGov digital service; and the links from the department's systems to systems under the control of Other Agencies. Your myGov account information can only be accessed by department officers who are allowed to access this information. All access by department officers to myGov is checked by the department and officers are trained on a regular basis about their privacy and security obligations. You can find more information about the department's security responsibilities in the department's security statement . Other Agencies and Approved Digital Mail Service providers are responsible for the security of your information while it is collected by, stored on or passing through systems within their control. It is important that you read and comply with their terms of use (if any). Return to top Go to definitions 3.4 Privacy Your personal information is protected by law, under the Privacy Act 1988 and is managed by the department (as the administrator of myGov) as set out in the myGov Privacy Notice. You can find more information about the way in which the department will manage your personal information by accessing the department's myGov Privacy Notice or the department's privacy policy . Return to top Go to definitions 3.5 Linked Member Services The Other Agencies (or the department in relation to Department Member Services) are responsible for initially authenticating your identity for the purpose of linking your myGov account to the Member Services. Once you are linked to a Member Service, if you wish to access the Member Service again using myGov or a myGov Authentication Service, your identity will be authenticated by myGov (rather than by the Member Service). While the department will take all reasonable care in operating your myGov account, the department accepts no responsibility in respect of how the Member Services (apart from the Department Member Services) operate. Return to top Go to definitions 4. The Inbox 4.1 Inbox The myGov Inbox is a central and secure inbox where you can receive, view, print and save Messages from myGov and Participating Member Services. Return to top Go to definitions 4.2 Receiving Messages By creating a myGov account or by accessing myGov on any myGov Platform (and provided you meet any additional Participating Member Service requirements) you are agreeing to receive in your Inbox all Eligible Correspondence from all Participating Member Services. For example, if you link to Centrelink, most of your incoming mail (with the exception of some mail that may need to be delivered in hard copy) will be sent electronically to your Inbox rather than via the post. If you wish to select an alternative method for receiving Eligible Correspondence (for example, if you wish to receive mail in hard copy via the post) you will need to tell the relevant Participating Member Service via their usual contact options. If you incorrectly receive a Message addressed to another person in your Inbox, you must tell the relevant Participating Member Service straight away. Some Participating Member Services may allow you to view myGov Inbox Messages on their website. For example, you may be able to access a Message through the myGov Inbox and an inbox on a Participating Member Service website. Return to top Go to definitions 4.3 Notification of Messages When a new Message is received in your Inbox, you will receive a Notification via SMS or email based on what preference you have chosen. You are responsible for ensuring that your Notification Details, to select your preference for how you receive advice of new Messages, are kept up to date with each Participating Member Service. On receipt of a Notification you should promptly access your Inbox and read all new Messages (including any attachments). It is your responsibility to ensure you read all Notifications and Messages in a timely manner. The department is not responsible for any Loss that may arise as a result of you not accessing a new Message in your Inbox or if there is a delivery failure with a Notification. Return to top Go to definitions 4.4 Removal of Messages from Inbox Each Participating Member Service determines the length of time Messages will be displayed in your Inbox and your Messages will not be able to be accessed after that time. If you unlink a Participating Member Service, you will no longer be able to access any Messages from that Participating Member Service in your Inbox, whether or not you had read them. You will need to: print or save any Messages if you require copies before you unlink a Participating Member Service; and contact the relevant Participating Member Service to make other arrangements for receiving your Messages and any future correspondence. Return to top Go to definitions 4.5 Member Service content The department accepts no responsibility for the content of a Participating Member Service Message (other than a Department Member Service Message) and makes no representations to you about its appropriateness, accuracy, currency or completeness. If you disagree with the content of a Message you should contact the relevant Participating Member Service. Return to top Go to definitions 4.6 Inability to access your Inbox or a Member Service If, for any reason, you cannot access your Inbox (either temporarily or permanently), you should contact the relevant Participating Member Service(s) and make other arrangements for the delivery of your Messages. If, for any reason, your linked Member Services account(s) is locked, you will not receive any new Messages from that Participating Member Service, but any Inbox Messages received prior to the locking of the account will remain visible (unless otherwise not available in accordance with paragraph 4.4). Return to top Go to definitions 4.7 Inbox forwarding The department may, from time to time, enable you to have your Messages forwarded to an Approved Digital Mail Service. If you elect to forward your Messages to an Approved Digital Mail Service you are agreeing to have copies of all Messages (including any attachment(s) to a Message) from your myGov Inbox forwarded to an Approved Digital Mail Service, and for the department to use and disclose your Messages for that purpose. If you elect to forward your Messages to an Approved Digital Mail Service, your Messages will still be available to view in your myGov Inbox. If, for any reason, you: cannot access the Approved Digital Mail Service; or receive correspondence in your Approved Digital Mail Service account advising you to access your myGov Inbox, you should quickly access your myGov Inbox and read any unread Messages. If you ask the department to forward your Messages to an Approved Digital Mail Service, the department will not be responsible for the operation of that Approved Digital Mail Service (or its protection of your privacy), and you will need to review and accept the terms of use from the provider of the Approved Digital Mail Service. While the department undertakes due diligence of any Approved Digital Mail Service provider, the department is not responsible for any Loss that could arise as a result of the service provided by the Approved Digital Mail Service, even if the Approved Digital Mail Service provider acts improperly. If you are concerned that an Approved Digital Mail Service provider has acted improperly, please inform the department and follow the complaints process (if any) in the relevant terms of use for that Approved Digital Mail Service. The department may stop forwarding copies of your Messages to an Approved Digital Mail Service at any time, for any reason. If this happens, the department will take reasonable steps to provide you with notification of this. You can choose to opt out and stop Inbox forwarding at any time. To opt out, simply go to Settings > Inbox >Edit, then follow the steps on screen. Return to top Go to definitions 5. myGov Update Your Details 5.1 Update Your Details The myGov Update Your Details service allows you to notify selected Member Services of a change to your contact details in a single transaction. If you update your details in myGov, myGov will tell selected Member Services of the update. However, it is the responsibility of each Member Service to ensure that your records are updated in accordance with the Update Your Details notification. Return to top Go to definitions 5.2 Update Your Details History Tab You acknowledge that: any Update Your Details transaction will appear in the History tab, along with the outcome of these updates for Member Services; you may be required to take further action with a Member Service to complete an update, as instructed in the History tab; and a Member Service may, at any time, change the action required to complete an update. Return to top Go to definitions Quick link for 5.3 Messages from Member Services>5.3 Messages from Member Services Correspondence about your Update Your Details updates (such as notice of a successful or failed update) may be sent to your myGov Inbox regardless of any preference you have indicated in your Member Services online services accounts (for example, if you have opted to receive physical mail instead). Return to top Go to definitions 6. myGov Profile 6.1 Linking to Profile Member Services You will need to create a myGov Profile if you wish to link your myGov account to a Profile Member Service. The uses and disclosures that myGov may make of information contained in your myGov Profile are set out in the myGov Privacy Notice. If you were already linked to one or more Profile Member Service(s) prior to 26 April 2014 you will be given the option of creating a myGov Profile. Return to top Go to definitions 6.2 Consent to the collection and use of myGov Profile information By using myGov or by accessing myGov on any myGov Platform, you consent to: a Profile Member Service using your name and date of birth for the purposes of creating your myGov Profile; myGov collecting your name and date of birth from a Profile Member Service for the purposes of creating your myGov Profile; myGov collecting any change that you make to your name and/or date of birth from a Profile Member Service for the purpose of updating or correcting your myGov Profile; myGov sharing your name and date of birth with a Member Service for the purposes of: linking your myGov account with a Member Service account; and notifying a Member Service of an update to your details when using the Update Your Details service; and a Member Service using your name and date of birth for the purposes of: linking your myGov account to a Member Service account; and updating the details stored in your Member Service account. Return to top Go to definitions 6.3 Your Profile Member Service notification requirements You acknowledge that any notification to a Member Service of a change to your name or date of birth will not affect or reduce any obligation you have to notify that Member Service of any other change to your personal information. For example, if you notify Centrelink of your new married name, only your change of name may be updated by Centrelink. The notification of your change of name does not mean that this is a notification of a change in marital status with Centrelink and you will still be required to notify Centrelink directly about this. Return to top Go to definitions 7. myGov Platforms 7.1 Licence to use myGov Platforms The department gives you permission (in the form of a non-transferable, non-exclusive, revocable licence) to use all myGov Platforms on your compatible device(s) provided that you comply with these terms of use and any other applicable laws. Return to top Go to definitions 7.2 Access to your hardware or software features When you use a myGov Platform, you may be asked for your permission to access certain hardware or software features of your compatible device. These features may include your camera, call functions or other features notified to you. Access to these features will be permitted if you give your consent, but only for the purpose of the particular functions of the myGov Platform (for example, access to the camera so that you can take a picture of a document and upload it to myGov). If you consent to the use of those features, neither the myGov Platform, nor the department, will have access to any other features or personal information on your device. Return to top Go to definitions 7.3 Updates to a myGov Platform You should ensure that you download any available updates to the myGov Platform(s). You acknowledge that if you do not update a myGov Platform, you may experience trouble accessing myGov and your linked Member Services. Return to top Go to definitions 8. General 8.1 Suspension or termination of your myGov access The department may lock, suspend or terminate your myGov and/or Member Service access or account(s) at any time. Return to top Go to definitions 8.2 Laws relating to these terms of use Any legal questions about these terms of use will be decided by applying the laws of the Australian Capital Territory, Australia (ACT). If legal action is brought in a court in the ACT, you will not be allowed to argue that the matter should be heard in a court outside the ACT. However, the department will consider any reasonable request to bring legal action in a different State if there are appropriate reasons for doing so (for example, if you are unable to travel due to medical reasons). Return to top Go to definitions 8.3 Help desk If you wish to contact the myGov helpdesk you should do so using the contact details at Contact us. Return to top Go to definitions 8.4 Complaints and feedback Your feedback is important to us, we value your opinion and want to hear what you think about the quality of the department's service. The department will use your feedback to improve its services. The best way to leave your feedback is by visiting humanservices.gov.au/feedback or by calling the department's helpdesk (see paragraph 8.3 above). Return to top Go to definitions 9. Definitions In these terms of use, the terms in column 1 of the following table have the meanings set out in column 2 of the table: Table of definitions for Terms of Use Term Meaning Approved Digital Mail Service An external secure digital mailbox provider that has been approved under the applicable accreditation framework utilised by the Digital Transformation Office. department, us, we The Australian Government Department of Human Services or any Australian Government department which takes over the functions of the Department of Human Services. Department Member Services Member Services that are part of the department. Eligible Correspondence Correspondence that a Participating Member Service determines is eligible to be sent to your Inbox, as varied from time to time in accordance with a Member Service's internal rules. Inbox An online correspondence service that enables you to receive, view, print and save Messages from myGov and Participating Member Services. Loss Any loss, damage, cost or expense (to any person or property), including: loss of profits or revenue, loss or denial of opportunity, loss of use, loss of data, and any indirect, remote, abnormal or unforeseeable loss. Member Service An organisation (or a part of an organisation) that provides online services using myGov authentication. (Current Member Services are listed on the About myGov page on the myGov Website.) Message Messages from myGov and Participating Member Services that you can receive, view, print and save via your myGov Inbox. myGov The Australian Government online authentication portal that permits access to a range of services using a single username and password. myGov Authentication Service A platform operated by certain Member Services that enables myGov users to login to the Member Service using their myGov Security Details. myGov Platform Any electronic platform, available through a browser or application, on any device, through which a User uses their myGov Security Details to access services. myGov Profile Your name and date of birth as recorded with a Profile Member Service. myGov Security Details The password and/or PIN used to access your myGov account. myGov Website The my.gov.au website. Notification A Message notification which is made to your nominated mobile phone number or email address. Notification Details Details of your mobile phone number or email address for the purposes of receiving Notifications from Member Services. Other Agencies Australian Government agencies (other than the department), state or territory government agencies or non-government entities. Participating Member Service A linked Member Service that sends Eligible Correspondence via the Inbox. Profile Member Service Any of the Medicare, Centrelink and the Australian Taxation Office Member Services. Update Your Details A myGov service that allows users to notify multiple Member Services of a change to their contact details in a single transaction. You, Your You, the reader of these terms of use and user of myGov. MyGov Privacy Policy myGov and Privacy The Department of Human Services operates the myGov service on behalf of the Australian Government. The department takes the privacy of customer information seriously and an important element of the approach is to undertake rigorous and independent Privacy Impact Assessments of key services for which we are responsible. You can access the Privacy Impact Assessments undertaken on the myGov service on the Publications and Resources page of the Human Services website. The myGov service can be accessed through the myGov website. Return to top Privacy Notice The myGov website ("myGov service") is managed by the Department of Human Services (the department) on behalf of the Australian Government. This Privacy Notice applies to the myGov service only. Separate privacy notices apply to the Centrelink, Medicare and Child Support services and the other Australian Government agencies you may link to your myGov account. Centrelink, Medicare and Child Support services and other Australian Government agencies which participate in myGov are referred to as Member Services in this Privacy Notice. This Privacy Notice explains how the department collects, through the myGov service, personal information from you and: how the department will use and disclose that information; how the department will store and secure that information; and how you can access and alter your personal information. Return to top Collections When you are establishing a myGov account, you will be required to provide to the department, through myGov: an email address, for account creation and account administration purposes; a password; and at least three secret questions and answers. When the department receives this, you will automatically be provided with a username for your myGov account. You will be able to use your username or email address to sign in to your myGov account. The department will maintain audit logs of activity in relation to your account such as last sign in, attempted sign in and password changes, as well as other technical information relevant to the operation of your account. You can access much of the information from the department's audit logs in the account history area in your account. If you wish to link your myGov account to a Member Service's online account, the department may collect your personal information and send it to the Member Service, so that the department and the Member Service can undertake an authentication process to ensure that your myGov account is linked to the correct record. In relation to some Member Services, you may instead be able to link your myGov account to a Member Service's online account using a myGov linking code issued to you. The department will send the myGov linking code that you provide to the relevant Member Service that issued the linking code. The Member Service will validate the linking code and link your myGov account to the correct record. For these authentication processes you will be requested to provide to the Member Service the identification number relevant to that Member Service (for example, your Centrelink Customer Reference Number if linking to Centrelink, or your Tax File Number if linking to the Australian Taxation Office). The department will collect either your email address or mobile phone number, or both, together with your notification preference so that it can send you a notification that you have received a message in your myGov Inbox. The department will pre-populate your notification preferences with the details that it holds for account recovery purposes, and you will need to either confirm or update these details before you first use the myGov Inbox services. You can change your notification preferences within myGov at any time. You may opt out of receiving any further messages through the myGov Inbox from your linked participating Member Services at any time, by contacting the Member Services directly. You can only create a myGov Profile in your myGov account if you link your myGov account to either Centrelink, Medicare or the Australian Taxation Office. Your myGov Profile contains your name and date of birth, which is provided to myGov by Centrelink, Medicare or the Australian Taxation Office. Any updates to your name or date of birth that you subsequently provide to Centrelink, Medicare or the Australian Taxation Office will also (if your accounts with the relevant agency remain linked to your myGov account) be provided to myGov and updated in your myGov Profile. Your myGov Profile information will be shared with the Australian Taxation Office if you choose to link one or more Australian Business Numbers (ABN) to your myGov account and upon linking, every time you access a government digital online service relating to the linked ABN. Your myGov Profile information will be shared with linked participating Member Services when using the myGov Update Your Details service. The department will also collect personal information from you and the status of your updates from relevant Member Services when you use the Update Your Details service, for the purpose of administering that service. To find out more about the Update Your Details service visit the Update Your Details section of need help? If you do not provide your email address, you will not be able to create a myGov account or use the myGov Inbox service. If the department does not collect your name and date of birth from an existing record in a Profile Member Service, you will not be able to create a myGov Profile or link Profile Member Services to your myGov account. Return to top Uses and Disclosures The department will use your personal information, or disclose it to another organisation or government agency, for the purposes for which you or a Member Service gave it to us. Those purposes include establishing, maintaining and performing administration in relation to your myGov account and the links between that account and the Member Services, and providing you with the Update Your Details service. Your myGov Profile information will be shared with the Australian Taxation Office if you choose to link one or more Australian Business Numbers (ABN) to your myGov account and upon linking, every time you access a government digital online service relating to the linked ABN. When you use the myGov Update Your Details service, your myGov Profile information will also be shared with Member Services that you have linked your myGov account to and who are participating in the myGov Update Your Details service. In addition, the department may use your personal information, or disclose it to another organisation or government agency, if: it is necessary to provide you with a service that you have requested (including enabling us to link your accounts providing the myGov Inbox service, creating your myGov Profile, and notifying Member Services of updated details through the Update Your Details service); it is necessary to complete an activity that you have chosen to undertake; you consent to the particular use or disclosure; the use or disclosure is reasonably necessary to lessen or prevent a threat to the life, health or safety of an individual, or to public health or safety or where the use or disclosure is reasonably necessary in order for the department or another government agency to take appropriate action in relation to suspected unlawful activity or misconduct; or the use or disclosure is required or authorised by law. If you need to update the information in your myGov Profile, you will need to contact the agency that originally provided this information to myGov (either Centrelink, Medicare or the Australian Taxation Office) to do so. If one of Centrelink, Medicare or the Australian Taxation Office notifies myGov of an update to the information in your myGov Profile, myGov may update your myGov Profile with this information and pass this update onto the other two agencies (if your myGov account is linked to your account with that agency at the time of the update). We will not disclose the personal information you provide to us to any overseas recipient. Return to top Cookies The department only analyses non-identifiable website traffic data to improve our services for the myGov website service. The department may also use or disclose this data for reporting purposes. Cookies are pieces of information that a website can transfer to an individual's computer. We only use session-based cookies (temporary cookie files, which are erased when you close your browser) for the single sign-on service and to gather anonymous website usage data to help improve the structure and functionality of myGov. We do not use persistent cookies (cookies that remain on your hard drive until you erase them or they expire). You can change your web browser settings to reject cookies or to prompt you each time a website wishes to add a cookie to your browser. Some functionality on the myGov website may be affected if you reject cookies. The department will not attempt to identify you or your browsing activities. Return to top Data security The department takes reasonable steps to protect the personal information that it holds against loss, unauthorised access, use, modification or disclosure and against other misuse of data. These steps include storing electronic files in secure facilities, encryption of data, conducting regular backups of data, using audit and logging mechanisms and having physical access restrictions in place. Subject to the department's record-keeping obligations under the Archives Act 1983, personal information is destroyed in a secure manner, if it is no longer required. Return to top Access to and correction of your personal information You may gain access to any personal information collected and held as a result of the management of myGov unless the department is required or authorised by law to refuse to allow you to access the record. You can ask the department to amend information it holds about you if you consider that the information is misleading or is not complete or up to date. The department will make the amendment you request unless there is a sound reason under law not to make the amendment. The department will explain its reasons to you, if we decide not to amend the information. If the department refuses to make the amendment that you request, you may ask that a statement regarding the amendment that you have sought be added to your information. To protect your privacy and the privacy of others, the department may need to have evidence of your identity before we can give you access to information about you or change the information in your myGov account. As mentioned in this notice, the department will only be able to update the name and date of birth contained in your myGov Profile if the update is validated by Centrelink, Medicare or the Australian Taxation Office. The department's privacy policy contains information about how you can access personal information about you that the department holds, and seek the correction of this information. Return to top How to contact us If you wish to access your personal information, or if you are concerned about how myGov has collected or managed your personal information, please call Customer Relations on 1800 132 468 or the Teletypewriter (TTY) phone on 1800 000 567. The department's privacy policy contains information about how you can complain about a breach of the Australian Privacy Principles, and how we will deal with such a complaint. Information Technology Services terms and conditions By subscribing to Information Technology Services Internet Services, you acknowledge that you accept these terms and conditions. Information Technology Services may revise these terms and conditions from time to time, by posting a new version on the UQconnect web site. Your continued use of the Service after such postings will constitute acceptance of the variation. As such, users should consult the document regularly to ensure that they conform to the most recent version. Questions regarding these terms and conditions should be directed to info@its.uq.edu.au Your access to the Service is subject to these terms and conditions and any other instructions we give you, whether through our website or otherwise. These terms and conditions revoke any earlier versions. It is your responsibility to ensure this internet session is terminated. This does not occur when terminating the browser or logging out of the computer. To terminate your internet session please visit https://logout.uq.edu.au.  1. The Service 1.1 The Information Technology Services Internet Service provided consists of those services set out on your application for Internet access, and paid for in accordance with the published price list. The Service is provided subject to these Terms and Conditions. 1.2 Access by clients to computing and networking facilities owned or operated by us imposes certain responsibilities and obligations and access is granted subject to policies and statutes of the University, and State and Commonwealth laws. 1.3 Information Technology Services strives to cooperate with other systems administrators, network providers, legal authorities of the State and Commonwealth, and the international community to provide a reliable and trustable service. Whilst we respect your privacy and right to use this service as freely as possible, we reserve the right to monitor user activity. 1.4 Where your Information Technology Services account receives a monthly download allowance, the download will be applied as follows: UQ staff Internet accounts, paid for by the University: Your organisational unit allocates your download allowance on this account. You will need to speak to an appropriate person within your organisational unit, to determine whether you have any download allowance for the Internet and how this is being allocated.  UQ student Internet accounts: You will receive your full monthly download allowance on the day the account is activated, and thereafter you will receive your monthly download allowance on the first day of each month.  Any unused download quota will be disregarded. 1.5 The Service provided is subject to our Privacy Policy . 1.6 You agree that we may block TCP/IP ports should we require so for network security or network efficiency. 1.7 To ensure optimal service for all Information Technology Services customers while using the Internet and for performance efficiency of the network, Information Technology Services has implemented traffic shaping policies for certain applications. Between the hours of 5am-11pm these applications for each user have a limited quota combining upload and download before they are shaped to the slower speed of 128Kbps.   2. Your Account 2.1 You represent that you are at least eighteen years old and that you have the right and ability to enter into this Agreement. All persons under the age of eighteen cannot open an account and must receive the consent of a parent or guardian before using an account. All persons under the age of eighteen, must provide an Internet Access Permission for Under 18s form, signed by a parent or guardian, before they can be given access to the Internet and it is acknowledged that in such circumstances your parent or guardian enter into this Agreement with Information Technology Services. 2.2 You will be allocated a username and password that you must use to gain access to the Service. You agree to keep your password confidential. You must notify us immediately if you lose your password or if it is disclosed to anyone. It is your sole responsibility to protect your password and to immediately notify Information Technology Services of any unauthorised use of your account. You may change your password on the Service at any time. You acknowledge that anyone who correctly enters your username and password will gain access to your account and that you will be responsible and liable for the activities of that person whilst they are online, for any material to which that person is exposed, and any and all costs or charges associated with that person’s use of the Service. 2.3 Upon opening an account you must provide us with a Security ID via https://www.uq.edu.au/securityquestion. This Security ID will be used by Information Technology Services staff over the telephone in order to identify you. You acknowledge that we will disclose any information in connection with your accounts to anyone who can provide the answer to your Security ID question. 2.4 Responsibility for the installation, configuration and purchase of your software and hardware for the purpose of using the Internet Access Service rests solely with you. You must ensure that all communications software used on your equipment is properly licensed. To connect to this service you will require a computer and an appropriate modem or router that complies with all relevant ACA technical standards. Please refer to our Online Help Desk for details of minimum requirements. You acknowledge that the installation and operation of the Service may cause temporary disruption in standard telephony services received by you or may mean that you are unable to be supplied with these services. 2.5 You should not permit another person, including a minor, to use your account. You assume all responsibility and liability for the activities that are conducted on-line using your account. 2.6 If you experience any difficulties with your connection it is your responsibility to advise our ITS Service Desk on 07 3365 6000 or email help@its.uq.edu.au. We will not be held responsible for any expense incurred through problems associated with dialing into our modem banks. 2.7 The maximum single email size that can be received is 10MB. We may delete any email message sent to you, or by you, if the size of the message (including attachments) exceeds 10MB. If we delete email messages, we are not obliged to notify you or the sender. 2.8 If in our opinion you act irresponsibly or recklessly in using the Services including by breach of these terms and conditions, or you unreasonably consume excess resources on Information Technology Services systems, networks or 3rd party infrastructure, Information Technology Services reserves the right at any time and without notice to you, to shape your connection, change your service or suspend or terminate your account. 2.9 You may not assign or transfer any of your rights or obligations under these Terms and Conditions. 2.10 Information Technology Services undertakes only limited monitoring for and filtering of spam. It is the responsibility of each End User to implement spam filtering software. 2.11 You must not use, suffer, or permit another to use this Service in an unlawful manner that violates any local, state, Commonwealth or international law, order or regulation. 2.12 You may make appropriate use of the facilities, which should always be legal and ethical, reflect honesty and community standards, and show restraint and consideration in the use of shared resources. 2.13 You must demonstrate respect for intellectual property, ownership of data and information, system security mechanisms, and the individuals' right to privacy and to freedom from intimidation, harassment and unwarranted annoyance. 2.14 You acknowledge and accept that you are responsible for your use of the Services including for the content of any data or information, which you may send or receive or store while using the Internet Access Service. 2.15 You acknowledge that the network used to provide the Services is not necessarily a secure and confidential method of communications and shall transmit data on the network at your own risk. 2.16 You acknowledge that neither Information Technology Services Internet Services, nor its providers will be responsible for ensuring that any material sent or received by means of the Services is sent or received correctly. 2.17 You agree not to use the Service to: 2.17.1 store, send, or distribute material which is unsolicited, offensive, obscene, indecent, pornographic, confidential, menacing, may cause annoyance or needless anxiety, or that could give rise to civil or criminal proceedings; 2.17.2 distribute unsolicited advertising or spam or overload any network or system; 2.17.3 do anything, including store, send or distribution of material which defames, harasses, threatens, abuses, menaces, offends or violates the privacy of any person; 2.17.4 do anything, including store, send or distribution of e material of an illegal or fraudulent nature, including activities prohibited under any applicable state and commonwealth law; 2.17.5 breach any laws, codes, standards and content requirements of any relevant authority; 2.17.6 do anything, including store, send or distribution of material which interferes with the normal operation of the Service or its use by other users or restricts any person or which inhibits any other user from enjoying the Services, the Internet or the network and systems used to deliver this service; 2.17.7 access, monitor, or use any data, systems or networks, including another person's private information, without authority or attempt to probe, scan or test the vulnerability of any data, system or network; 2.17.8 compromise the security or integrity of any network or system including any part of our network; 2.17.9 place any viruses or other similar programs onto the Service or the Internet; 2.17.10 store, distribute or reproduce commercial software, or reproduce a third party's software or material without the legal owner's permission; 2.17.11 forge header information, email source address or other user information; 2.17.12 use another person's name, username or password or otherwise attempt to gain access to the account of any other customer; 2.17.13 tamper with, hinder the operation of, or make unauthorised modifications to any network or system; 2.17.14 attempt any of the above, or permit another person to do any of the above. 2.18 Notices may be issued to us from time to time in accordance with relevant Commonwealth legislation and which may require us to attend to certain matters, which may include removing certain Internet content from our servers or to disable access to the material alleged to be infringing and residing on the Information Technology Services system or network at your direction. You agree that we may take any necessary steps in order to comply with any relevant notice so issued including suspending your account and any relevant industry code of practice at any time without prior notice to you. 2.19 You acknowledge that we may monitor your use of the Service to ensure your compliance with these terms. In conjunction with relevant law enforcement agencies we may investigate any misuse of the Service by you. If your use of the Service results in loss to Information Technology Services or other users, we may require you to pay compensation. 2.20 You agree to report any faults experienced in accordance with the fault reporting procedures notified from time to time by Information Technology Services. 2.21 You may not resell any services provided by Information Technology Services.   3. Charges, Billing Procedures and Payment 3.1 You agree that all monies are non-refundable and that periodic fees are payable in advance. 3.2 You accept responsibility to pay any costs or charges incurred by using your account. Current charges for using Information Technology Services Internet Services are detailed on the UQconnect website. We may vary the terms of this Agreement including any fees, rates and charges: 3.2.1.1 without notice to you if the variation arises due to a change in taxation law or other governmental action; and, 3.2.1.2 by providing one month's notice to you of any other variation. Your continued use of the Service after such notice will constitute acceptance of the variation. 3.3 We will invoice you on a continuing basis for our Internet Access Service according to the published price list. 3.4 Where you receive or view your bills electronically you acknowledge that the electronic display of your bills constitutes notification of the charges contained in those bills and the due date payable. 3.5 You must only contact Information Technology Services in respect of your Information Technology Services Internet Service (as per clause 2.6). However if, for whatever reason, you contact any other provider regarding your Internet Access Service you should be aware that you may be charged a service fee by such other provider either directly or via Information Technology Services. Information Technology Services reserves the right to pass on to you at cost, any charges which we incur as a result of your contact with any other providers. 3.6 You are liable for all charges associated with the Service, even in the event your password has been lost or stolen, or if it appears your service has been used without your authority (including by hacking), or if it appears your service has been accessed fraudulently. 3.7 You are legally responsible for and must pay the cost of all telecommunications and Internet access charges incurred when accessing or using the Service, including any dial-up connection charges or charges by any content provider. It is your responsibility to check with your telephone service provider that the dial-up number you are using to access the Service is a local number; regardless of any information you may receive from our representatives. 3.8 In the event that you move location you are responsible for checking with your telephone service provider that the dial-up number you are using to access the Service is a local number, regardless of any information you may receive from our representatives. You are responsible for all Internet connections made to our modem banks. 3.9 If you pay for your Information Technology Services service by direct debit payment (either from your credit card or from your nominated bank account), you authorise us to debit any undisputed outstanding charges (including cancellation fee, or early disconnection/termination fee if any) from your credit card or bank account.   4. Inappropriate Content 4.1 Some material on the Internet may be offensive, inappropriate or unsuitable. You agree that we accept no responsibility whatsoever for any content and services offered by other individuals or companies on the Internet or for any other information whatsoever passing through the service. Information Technology Services provides access to content filtering software, approved by the Australian Communications and Media Authority (ACMA), from its home page www.uqconnect.net. 4.2 You are solely responsible for all information you publish on the Internet.  For information about Restricted Access Systems see http://www.acma.gov.au/. 4.3 Information Technology Services reserves the right to remove, or prevent access to, any information or materials that it deems to be offensive or inappropriate regardless of whether the content is unlawful.   5. Termination of Account 5.1 This is a continuing contract. You must notify us if the Service is no longer required. 5.2 You remain liable for any charges you incur up to the effective date of termination. No refund of any fees will be granted, and no unused services, credited to your account, will be redeemable or convertible to cash or any other form of credit. 5.3 You may terminate the Service by notifying us over the phone (you must be the account holder or know the answer to the Security ID question) or by notifying us in writing. Termination of the service may not occur immediately. 5.4 If, in our reasonable opinion, you breach any of these Terms and Conditions, Information Technology Services reserves the right to terminate an account or vary any Service provided to you without notice. 5.5 If in our reasonable opinion, your use or attempted use of the Service compromises the network or systems used to deliver the Service or place at risk the delivery of the Service to other users then Information Technology Services may without notice to you act to terminate or suspend your use of the Service or part of the Service. 6. Indemnity and Liability 6.1 You accept that your use of Information Technology Services Internet Services is at your own risk. Neither Information Technology Services Internet Services nor its providers will be liable for any loss, damage, cost, expense or liability arising from any claims due to your use, misuse or attempted use of any facility or service covered by this Agreement. Further, you agree to fully indemnify, and to keep indemnified, Information Technology Services Internet Services and its providers for any loss, damage, cost, expense or liability reasonably incurred or suffered by, or awarded against, Information Technology Services Internet Services or its providers and which arises from your use, misuse or attempted use of any facility or service covered by this Agreement. 6.2 You understand that the Internet contains viruses, Trojan programs and other computer programs that may destroy or corrupt data on your own system. You agree to protect your system against viruses on a regular basis. You agree that we have no control over such programs or viruses and that we are not liable for any damage to, or loss of data caused by a virus or other similar program. You are solely liable for all charges arising from use of your account as a result of viruses, Trojan programs, or other computer programs. 6.3 You expressly agree that use of the Service including any content you may obtain through or on the Service including reproduction, communication or making available of material derived from your use of the Service is at your sole risk. 6.4 You agree that the Service, including any CD ROM provided to you in connection with the Service, is provided without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. 6.5 The liability of the Information Technology Services Internet Services and its providers for breach of any term, condition or warranty or under any remedy implied by law (which cannot be excluded) will be limited (if permitted by law) to the repair or re-supply of equipment or Services or the payment of the cost of having the equipment or Services re-supplied (at Information Technology Services Internet Services’ option) and reduced to the extent that such liability is caused by your negligent acts or omissions, or a breach by you of the terms of this Agreement. 6.6 The aggregate liability of Information Technology ServicesInternet Services’ and its providers to you for all direct, indirect and consequential losses, damages, costs, expenses, actions and claims arising out of or otherwise in connection with this Agreement, whether based on an action or claim in contract, equity, negligence, intended conduct, tort or otherwise, is limited to the total fees paid by you under this Agreement in respect of the relevant Services in the 12 months preceding the relevant cause of action accruing (or, if there is more than one, the last cause of action accruing). 6.7 You agree that we are not responsible for any unsolicited or unwelcome information disseminated via the Internet to you or the consequences of you receiving such information. 6.8 You agree that we do not warrant that the Service will be available continuously or free of faults. 6.9 You agree that we are not liable in any way if your equipment fails. 6.10 This Agreement is governed by and construed in accordance with the laws of the State of Queensland and the parties hereby submit to the non-exclusive jurisdiction of the courts of that State. 6.11 This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the supply of the Service. Michael Slater ankylosing spondylitis exercise video disclaimer and exclusion of liability Disclaimer The following demonstration exercise video for ankylosing spondylitis (AS) has been produced in conjunction with the Australian Physiotherapy Association and highlights key areas most commonly affected by AS. However, it is not a comprehensive range of exercises nor is it tailored for your specific individual needs. Neither Arthritis Australia nor the Australian Physiotherapy Association make any representations or warranties as to the effectiveness of the exercises contained in this video in relieving the symptoms of AS or improving your posture and/or flexibility or the appropriateness of the exercises for a particular purpose. Prior to undertaking any of the exercises demonstrated in this video you should consult your physiotherapist, rheumatologist or other suitably qualified medical practitioner as to the suitability of the exercises for you. This video should be used as a guide only and is not a substitute for the advice or prescribed course of treatment of qualified medical practitioners, physiotherapists, or rheumatologists. By viewing this demonstration exercise video, you agree to: consult your physiotherapist or rheumatologist before undertaking this or any other exercise program; seek guidance from a physiotherapist or rheumatologist, if unsure about any of the exercises contained in this demonstration exercise video; stop immediately and consult a healthcare professional if at any stage the exercises in this demonstration video hurt or cause discomfort; and use reasonable care, skill and judgment when performing any of the exercises shown on this video. Exclusion of Liability Participation in any of the exercises shown on this video is at your own risk. By viewing this demonstration exercise video or performing the exercises demonstrated, you acknowledge and accept that, to the extent permitted by law, neither Arthritis Australia nor the Australian Physiotherapy Association will be under any liability to you whatsoever, whether in contract or tort (including, without limitation, negligence), breach of statute or any other legal or equitable obligation, in respect of any injury, loss or damage (including loss of profit or savings), howsoever caused, which may be suffered or incurred by the viewer or any other person. SofTestV12 Software License Agreement This Exam Taker License Agreement (“Agreement”) is a legal agreement between you, the end user (hereinafter “Exam Taker”) and ExamSoft Worldwide, Inc., a Florida corporation (“ExamSoft”) concerning your limited use of ExamSoft’s software (“SOFTWARE”). This Agreement affects your rights and you should read it carefully. We encourage you to retain a copy of this Agreement for your reference. BY CLICKING THE “I AGREE” BUTTON BELOW, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE APPLICATION, EXAM TAKER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, TERMINATION, AND ARBITRATION PROVISIONS BELOW. IF EXAM TAKER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, EXAM TAKER SHOULD NOT INSTALL OR USE THE SOFTWARE APPLICATION AND SHOULD EXIT NOW. 1. GRANT OF LICENSE: Unless otherwise agreed to in writing, ExamSoft hereby grants Exam Taker the non-exclusive, non-transferable right to use the SOFTWARE on a single computer until the expiration date displayed on SOFTWARE’S start window following registration. The SOFTWARE is considered in use on a computer when it is loaded into temporary memory or installed into permanent memory. 2. UPGRADES: During the term of this Agreement, Exam Taker is entitled to any version-specific upgrades to the SOFTWARE.  Full version upgrades may be provided to Exam Taker at the sole discretion of ExamSoft. 3. PROPRIETARY RIGHTS: Copyright. All title and copyrights in and to the SOFTWARE (including, without limitation, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE), the accompanying media and printed materials, and any copies of the SOFTWARE are owned by ExamSoft or its Licensors. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, Exam Taker must treat the SOFTWARE like any other copyrighted material, subject to the provisions of this Agreement.  Other Intellectual Property Rights.  No license, right, title, or interest in any ExamSoft trademark, service mark, trade name, trade dress, patent, or design patent is granted hereunder.  Exam Taker shall not remove, obliterate or cancel from view any copyright, trademark, patent or other proprietary rights notice appearing on or embedded in the SOFTWARE. 4. NON-PERMITTED USES: Unless enforcement of this provision is prohibited by applicable law, Exam Taker shall not modify, decompile, imitate, copy, emulate, translate, disassemble, decrypt, extract, or otherwise reverse engineer the SOFTWARE or attempt to create derivative works or disable any of the SOFTWARE’s licensing or control features. Exam Taker shall not attempt to circumvent, defeat, or disable any security feature of the SOFTWARE.  Exam Taker shall not use SOFTWARE in a ‘Virtual Machine’ environment (e.g., Virtual PC and VM Ware).  Exam Taker is permitted to install and use the software on a dual-boot computer; however, Exam Taker must utilize the SOFTWARE on a single operating system.  Exam Taker shall not re-boot the dual-boot computer to any operating system other than the operating system supporting the SOFTWARE at any time during the administration of any exam.  Exam Taker may not allow concurrent use of the SOFTWARE or allow access to another person.  Rights granted to Exam Taker may not be transferred, rented, or leased to others, nor may the Exam Taker grant a security interest in such rights to another. 5. NO WARRANTY: THIS SOFTWARE AND ANY ACCOMPANYING FILES ARE LICENSED TO EXAM TAKER “AS IS” AND WITH ALL FAULTS. EXAMSOFT AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OF THE SOFTWARE OR RESULTS EXAM TAKER MAY OBTAIN USING THE SOFTWARE OR ACCOMPANYING FILES.  EXAMSOFT AND ITS LICENSORS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  MOREOVER, EXAMSOFT AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY ISSUES ASSOCIATED WITH POST-EXAM ANSWER PROCESSING OR HANDLING, INCLUDING ANY IMPACT ON EXAM RESULTS. 6. LIMITATION OF LIABILITY: EXAM TAKER’S EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE A DOLLAR AMOUNT UP TO THAT PORTION OF THE LICENSE FEE THAT RELATES DIRECTLY TO THE SOFTWARE LICENSE, EXCLUDING ANY PORTION OF SUCH LICENSE FEE THAT RELATES TO THIRD-PARTY OR ADMINISTRATIVE SERVICES (E.G., PRINTING, SITE SUPPORT).  OTHER THAN AS DESCRIBED HEREIN, IN NO EVENT SHALL EXAMSOFT BE LIABLE FOR ANY CLAIM FOR ACTUAL OR DIRECT DAMAGES WHATSOEVER RELATED TO THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE OR ANY OTHER CLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION, NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, UNFAIR BUSINESS PRACTICES, BREACH OF CONTRACT, OR UNJUST ENRICHMENT.  FURTHER, EXAMSOFT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE OR ANY OTHER CLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION, UNFAIR BUSINESS PRACTICES, BREACH OF CONTRACT, OR UNJUST ENRICHMENT. 7. COMPLIANCE WITH INSTRUCTIONS: Exam Taker agrees that the computer and operating system onto which the SOFTWARE is to be installed complies with the minimum system requirements for the SOFTWARE.  Exam Taker further agrees to follow and perform all installation and use procedures in accordance with the instructions included with the SOFTWARE or provided by the exam administrator.  ExamSoft reserves the right to update the version of SofTest available for use by Exam Taker at any time, including automatically updating Exam Taker’s installed version of SofTest. 8. INFORMATION GATHERED: For purposes of support, accountability, quality control, and exam-related assistance, Exam Taker hereby consents to ExamSoft’s collection of certain information (including, but not limited to, makes and models of computers used by Exam Taker, types and versions of software used by Exam Taker, security and software performance information, and software usage patterns), pursuant to its agreement with the administrator of the exam. Personally identifiable information, including Exam Taker’s exam questions and answers, will be kept confidential and shall be considered the property of the administrator of the exam, and any questions regarding its existence, details, or use should be directed to the administrator of the exam. 9. RELATIONSHIP: Other than the license granted to Exam Taker hereunder, which permits Exam Taker certain limited use of the SOFTWARE, there is no relationship or contract between ExamSoft and the Exam Taker.  ExamSoft has no responsibility whatsoever to Exam Taker with regard to any exams or exam results, and all inquiries regarding the exam and exam results should be directed to the administrator of the exam.  Exam Taker agrees that ExamSoft shall have no obligation to provide Exam Taker with any information concerning the SOFTWARE or any particular exam or answer thereto.    10. TERMINATION: Without prejudice to any other rights, ExamSoft may terminate this agreement if Exam Taker fails to comply with the terms and conditions of this Agreement.  In such event, Exam Taker must destroy all copies of the SOFTWARE and all of its component parts, and ExamSoft may suspend or deactivate Exam Taker’s use of the SOFTWARE without notice. Any activities of Exam Taker giving rise to the termination of Exam Taker’s use of SOFTWARE shall be reported to the respective exam administration authorities. 11. GOVERNING LAW AND ARBITRATION: Except as otherwise provided, any claim, demand, dispute or controversy of any kind or nature between the parties hereto arising out of or relating to this Agreement, its construction, interpretation, performance or alleged breach (any “Claim”) shall be governed by, and construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules.  Further, any Claim (except as discussed below) that is not otherwise settled by agreement of the parties shall be resolved by binding bi-lateral arbitration. ExamSoft does not consent to any class arbitration or representative arbitration proceeding. Licensee and ExamSoft waive any right to arbitrate any dispute or to pursue relief against the other in a class arbitration or other representative proceeding, and agree that each may bring claims against the other only in an individual capacity. Further, unless ExamSoft and Licensee agree otherwise in writing, the arbitrator may not consolidate or join more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Any decision rendered in such arbitration is binding on each party, and judgment may be entered in any court of competent jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding provision with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act.  Any such arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules.  Such arbitration shall be in accordance with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, which shall be deemed incorporated into this Agreement.  Any arbitration shall be presided over by one arbitrator whose selection shall be governed by Rule 15 of the JAMS Rules referred to above.  The parties shall maintain the confidential nature of the arbitration proceeding, filings, and award, except as necessary to confirm or vacate any arbitration award. Additionally, any dispute as to the scope or applicability of this agreement to arbitrate shall be determined exclusively by any state or federal court located in Dallas County, Texas.  The parties consent to personal jurisdiction in all state and federal courts located in Dallas County, Texas for the purposes of such court actions or determinations.  Except where prohibited by applicable law or by JAMS Rules or policy, in any arbitration arising out of or related to this Agreement, the prevailing party shall be entitled to its costs, expenses, and reasonable attorneys’ fees. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims or counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs, expenses, and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.  Notwithstanding any of the foregoing, the right to seek to confirm or vacate any arbitration award hereunder is preserved.  Except where prohibited by applicable law or by JAMS Rules or policy, any such decision to confirm or vacate any arbitration award hereunder shall be determined exclusively by any state or federal court located in Dallas County, Texas.  The parties consent to personal jurisdiction in all state and federal courts located in Dallas County, Texas, for the purposes of such actions. 12. SEVERABILITY: In the event that any provision of this Agreement is deemed unenforceable, invalid, or void, such provision shall be modified as little as possible to make it valid and enforceable, and the remainder of the Agreement shall remain in full force and effect.  Go Card Terms and Conditions Conditions of use 1. The cardholder is deemed to have accepted these conditions of use when the go card is made active by TransLink. 2. The cardholder must comply and guarantee that any authorised user complies with: these conditions of use the TransLink go card user guide (PDF, 304KB) the go card guide to balance transfers and refunds (PDF, 200KB) all legislation relating to smart cards, including the Transport Operations (Passenger Transport) Act 1994: and, if the cardholder or authorised user fails to comply with the above, the cardholder indemnifies TransLink for all loss, damage, costs and expenses incurred by TransLink as a result of such failure. 3. The go card may be used for travel on a designated TransLink service, provided that: the service is equipped with an operational card reader the go card has a sufficient balance to commence a journey the go card has not expired, or been cancelled or blocked. 4. The go card must be touched to a card reader at the start and finish of travel on a TransLink service, to obtain a response from the card reader indicating that the go card has been read successfully. The number of go cards used for each trip must equal the number of cardholders travelling. 5. The cardholder will be liable for all fares, fees and charges incurred by the use of the go card by any person until the go card is cancelled. Fares, fees and charges relating to go cards are outlined in the go card user guide. 6. TransLink will deduct a fixed amount from the go card every time the card is touched on at the start of travel on a TransLink service. When the card is touched off at the end of travel on a TransLink service, the correct fare is calculated and the cardholder's go card balance is adjusted accordingly. 7. If the cardholder fails to touch on at the start of travel or touch off at the end of travel on a TransLink service, the correct fare cannot be calculated and the fixed amount will remain deducted from the card balance and the cardholder forfeits any right to have the go card balance adjusted to reflect the correct fare for that journey, except in accordance with the 'Balance adjustments' section of the go card user guide. 8. The go card must only be used by the authorised user or by the cardholder if no authorised user is nominated. 9. The go card remains the property of TransLink and the card must be produced for inspection or surrendered to TransLink upon request. 10. TransLink may block, cancel or retain the go card in accordance with the go card guide to balance transfers and refunds. 11. Where the go card has expired or been inactive for a period of 5 years, any balance on the card is returned to TransLink. The cardholder authorises TransLink to transfer that card balance to TransLink's account in accordance with the go card guide to balance transfers and refunds. The cardholder may claim the balance at any time provided the go card was registered or the unregistered go card can be produced. 12. The cardholder acknowledges and agrees that I/we have no right to any interest earned on the card balance or deposit held on the go card. 13. The cardholder may apply for a refund on the card in accordance with the go card guide to balance transfers and refunds. 14. The cardholder acknowledges that in the event that an incorrect amount has been applied to a go card, TransLink reserves the right to recall any overpayment without the cardholder's permission. 15. The go card user guide and the go card guide to balance transfers and refunds are published on the TransLink website translink.com.au. Copies of the guides are also available by calling TransLink on 13 12 30. 16. TransLink may change these terms and conditions and related material (such as the TransLink go card user guide and the go card guide to balance transfers and refunds) at its discretion. Updated terms and conditions and related materials will be published on the TransLink website translink.com.au, and are also available by calling TransLink on 13 12 30. TransLink will use its best efforts to advertise changes to these terms and conditions before they commence. 17. The cardholder must only access the cardholder's go card account, including travel information, address and contact information, balances and credit card account information, through ordinary use of the translink.com.au website by methods purposely made available on this website. The cardholder must not enable or permit any other person, electronic application or system to access the information, including by entering the cardholder's user name and password into such an application or system. 18. You can use your go card on all TransLink bus, train, ferry and tram services, and Airtrain*. (*Special conditions apply for Airtrain. Visit translink.com.au/go or call 13 12 30. 19. A cardholder may link their registered go card to a CityCycle long-term subscription account by selecting the go card subscription option as part of their subscription details on the CityCycle website. A cardholder will still have to maintain separate accounts for both the go card and CityCycle account. go card funds cannot be used to pay for CityCycle subscriptions or trips. 20. Journeys cannot be transferred from one card to another to receive 9 and free. Auto top-up agreement I/we agree that I/we: will comply with the auto top-up agreement authorise my/our financial institution to release information to TransLink to verify the details of the nominated credit card account and auto top-up amount accept liability for all transactions made by the use of the go card by any person, whether or not with my/our knowledge or consent until such time as auto top-up is terminated in accordance with the auto top-up agreement will ensure that the nominated credit card account is valid and has available credit to enable auto top-up transactions at all times accept liability for any fees incurred from my/our financial institution in the event that there is insufficient credit in the nominated credit card account at the time an auto top-up transaction is triggered will notify TransLink promptly of any change in any details supplied through the electronic application including the name(s), address and telephone number of the account holder(s), requests for alteration of credit card arrangements or stopping or cancelling auto top-up by contacting TransLink on 13 12 30, or visiting the TransLink website. Any change to the credit card account details including closure of the credit card account or the use of a new credit card account must be notified to TransLink by calling 13 12 30 or visiting the TransLink website (translink.com.au). authorise TransLink to record and use the information in accordance with the TransLink privacy statement acknowledge and agree that I/we have no right to any interest earned on the card balance or deposit held on the go card. Activation of auto top-up When auto top-up is activated, the first auto top-up amount will be deducted from the nominated credit card immediately regardless of the balance on go card. TransLink will not be obliged to process any auto top-up transactions from a new or changed credit card account until expiry of 5 business days from receiving written notification of the new or changed account. TransLink will transfer your auto top-up amount, whenever the card balance on the nominated go card falls below $5. When the card balance falls below $5 the nominated go card needs to be touched on before the auto top-up amount will be added to the card balance. Termination of auto top-up agreement The credit card holder(s) can request TransLink to terminate auto top-up at any time by notifying TransLink in writing, by calling 13 12 30 or visiting the TransLink website. Where TransLink receives notification to terminate auto top-up, termination will occur within 3 business days of receipt of that notification. TransLink may terminate auto top-up immediately in the event that: there is a breach of this auto top-up agreement by the account holder(s); payment of monies is not received by TransLink for any auto top-up transactions pursuant to this agreement; or the nominated credit card account is no longer valid. The card holder(s) acknowledge that the credit card holder may request TransLink to terminate auto top-up at any time by notifying TransLink in writing, by calling 13 12 30, or visiting the TransLink website. Where auto top-up is terminated by TransLink at the request of the credit card holder, the card holder(s) will be liable for all transactions made by use of the go card up to the date and time of termination. Insufficient funds in account If at the time an auto top-up transaction is triggered, there are insufficient funds in the credit card account nominated in the electronic application, the auto top-up transaction may be rejected by your financial institution and a fee may be charged to your credit card account by your financial institution. TransLink will treat the payment as if it was never made. If TransLink incurs any costs, bank fees or charges as a result of a dishonoured auto top-up transaction, these fees may be passed on to the credit card holder as a charge. Transactions on weekends & public holidays If an auto top-up transaction is triggered on a weekend or public holiday, the auto top-up amount will be available on your go card immediately. The transaction should appear on your credit card account on the next working day. Please note, this may vary slightly depending on your financial institutions processing arrangements. Failure to receive payment If TransLink fails to receive payment in respect of an auto top-up transaction, TransLink may: recover from the credit card account holder(s) any monies payable by the credit card account holder(s) to TransLink; deduct or set-off any monies payable by the credit card account holder(s) to TransLink from the balance of any go card issued to or held by the credit card account holder(s); or suspend or terminate auto top-up and/or any or all go cards linked to the primary card holder for such period as may be determined by TransLink. Notification of errors If you believe there has been an error in debiting your credit card account, contact TransLink on 13 12 30 as soon as possible so that your query can be investigated in a timely manner. If you believe there has been an auto top-up transaction to your credit card that you have not approved, contact your financial institution immediately. Availability of credit cards Only Visa and MasterCard can be used when applying for auto top-up. Changes to auto top-up agreement TransLink may change the terms and conditions of this auto top-up agreement and related material at its discretion. Updated terms and conditions of the auto top-up agreement and related materials will be published on the TransLink website translink.com.au, and are also available by calling TransLink on 13 12 30. Third party go card applications There are third party applications available on the internet that can offer to display go card account balances and other go card information. Currently these products are not endorsed or able to be endorsed by TransLink. Customers who provide their go card details to non-TransLink third party applications or non-endorsed services are breaching the go card terms and conditions. You should only access your go card account via the methods provided on the TransLink website. This policy is to ensure your personal data is kept secure. Check out the Stay Smart Online website for more tips on internet security and keeping your personal information safe. GoCard Concession Registration Agreement The Department of Transport and Main Roads (TMR) is committed to protecting your personal information in accordance with the Information Privacy Act 2009. With your consent, the personal information collected will be used by TMR for the purposes of assessing your eligibility for a Concession and to provide you with SMS or email notifications where relevant. Apart from seeking confirmation of entitlement from the relevant organisation and contracted public transport business partners, your personal information will not be disclosed to any other third party without your consent unless authorised or required to by law. For a copy of our Privacy Statement visit translink.com.au or call 13 12 30. Volunteer Queensland Volunteer Linking Acknowledgement and Disclaimer 1. You affirm that your interest in volunteering is based on personal choice and is undertaken freely without the expectation of monetary reward. 2. You are aware that: registered organisations of Volunteering Queensland are independent entities responsible for their own actions and not agents of Volunteering Queensland Volunteering Queensland is not responsible for the operations or conduct of listed organisations and volunteers referred to listed organisations the information provided by Volunteering Queensland is limited to that provided to it by registered organisations without being checked or tested 3. You consent to allow Volunteering Queensland to forward the personal details provided by you to a registered organisation for the sole purpose of obtaining a volunteer position with the registered organisation and to use the data for subsequent follow-up for research and statistical analysis. (View Volunteering Queensland's Privacy policy). 4. You acknowledge that any volunteer position chosen by you will be the result of agreement reached between you and a registered organisation of Volunteering Queensland. 5. You accept responsibility to check the currency of the organisation's insurance cover before starting volunteer work (refer to our Organisations Involving Volunteers Insurance information sheet). Note that at the time of registration approval the organisation certified that it had Public Liability and Personal Accident insurance cover for volunteers. 6. Volunteer Disclaimer: By providing your personal details to Volunteering Queensland you agree that in so doing to the greatest extent that may be permitted by law that Volunteering Queensland shall have no liability whatsoever to you as a result of making such details available to any community and or Not-for-Profit organisation who may from time to time take part, avail themselves or be involved in the service. Furthermore, you acknowledge that insofar as you shall be linked with any organisation as part of the service that you will make your own assessment to determine as to whether such organisation and its requirements are appropriate for your needs and skills. Volunteer Queensland Privacy policy To provide the highest standard of service, from time-to-time we need to collect personal information We abide by the National Privacy Principles under the Privacy Act 1988 (Cth). We strive to act with the highest integrity and offer the best possible service to volunteers, organisations and all who access our services. All personal information* entrusted to us is treated with the appropriate degree of privacy. * Personal information is any information that an individual's identity can be reasonably determined. Why we collect personal information? Collecting personal information is essential to delivering a high quality service to our stakeholders. This includes being able to make appropriate matches between potential volunteers and organisations or events. Also, providing a quality approved education program as a registered training organisation. If we did not collect personal information, we would be unable to provide effective referral and education services, as well as support and manage our own volunteer staff. How we collect personal information? Potential service users and/or course participants are asked to provide personal information in a number of ways. These include online application/registration forms, phone or face-to-face interviews, or via the general post. Course participant’s enrolment details and course assessment data is also collected and stored in accordance with our training unit’s learning records policy. Personal information we collect is always done with the individual’s consent and where possible this is in writing. Personal information is not disclosed to any other person or group unless the individual has consented in writing, except where required by law. From time to time, we may update an individual’s personal information. This would be done by contacting the individual or when the individual contacts us to update their personal information. Please note that our website may include links to third parties who may collect personal information. We are not in control of or responsible for any personal information collected by those parties and such third party’s own privacy policies (if any) would apply. How we secure personal information? The protection of personal information is a priority for us. All reasonable precautions to safe-guard personal information from misuse, unauthorised access, modification or disclosure are taken. When personal information is no longer required or out-of-date, it is deleted from our systems and/or securely destroyed. Hard copy records of personal information are kept in our filing systems and/or on a database. Individuals may request access to any information that we have collected, used or disclosed since 21 December 2001. Personal information will not be released to persons or entities outside our organisation without your consent except where: Such disclosure is permitted under the Privacy Act 1988 (Cth); We are required by law to disclose information to third parties; or We have outsourced some internal functions to third party contractors, for example, data warehousing, hosting servers or mail houses. We may need to make contact with an individual who has accessed one of our service for the purpose of follow-up, evaluation or further business. The nature of any further contact with us will always be subject to agreement from the individual. Our privacy policy and procedures will be constantly reviewed and updated in accordance to any changes in the law. Breach of privacy An individual has the right to complain about a breach of privacy by lodging their concern or complaint with us. If there is no satisfactory outcome the individual can make a complaint to the Office of the Australian Information Commissioner. Wise Realty Privacy Disclosure Statement We are an independently owned and operated business and are bound by the National Privacy principles. We collect personal information about you in this form to assess your Application for Tenancy. We may need to collect information about you from your previous Lessors or Letting Agents, your Employer and Referees. We will also check if details of Tenancy defaults by you are held on a Tenancy Database. Your consent for us to collect the information is set out below in the Privacy Consent section. Wise Realty Collection Notice The personal information you provide in this Application or our Agency collects from other sources is necessary for our Agency to verify your identity, to process and evaluate the Application and to manage the Tenancy. If the Application is successful, per sonal information collected about you in this Application and during the course of your Tenancy, may be disclosed for the purpose for which it was collected to other parties including the Lessor, Referees, other Agents and third party operators of Tenancy Databases. Information already held on Tenancy Databases may also be disclosed to our Agency and/or the Lessor. If you enter into a General Tenancy Agreement and if you fail to comply with your obligations under theAgreement, the facts and other relevant p ersonal information collected about you during the course of your Tenancy may also be disclosed to the Lessor, third party operators of Tenancy D atabases and/or other Agents. You have the right to access personal information that we hold about you by conta cting our Privacy Officer. You can also correct this information if it is inaccurate, incomplete or out of date. If your Application is not successful it will be stored securely for a period of one month only. If you decide not to collect your Application we will destroy your documents to comply with Privacy Legislation. If you do not complete this form or do not sign the consent below then your Application for Tenancy may not be considered by the owner of the relevant Property or, if considered, may be rej ected, due to insufficient information to assess the Application. Wise Realty Privacy Consent I acknowledge that I have read the above Privacy Disclosure Statement and Collection Notice of Wise Realty . I authorise Wise Realty to collect information about me from previous letting agents and/or lessors, personal referees, employers and all other references on this application and Tenancy Databases (refer to Privacy Disclosure Statements via www.tica.com.au ) : I authorise Wis e Realty to refer my name and contact details to an arranger or service provider including tradespeople (to attend to work required at this Property), salespeople (primary and secondary Agents), valuers, the Lessor, other Agents, database operators , other Property Managers, Body Corporate, Insurance companies, Financial services, if required in the future, and to Authorities as required by law. Centrelink Self Service Conditions of Use The following Conditions of Use apply to Self Service over the phone and the Internet. By accepting the Conditions of Use and registering for Self Service, you will gain access to a variety of services relating to your Centrelink record. Your personal details - some of which you may consider sensitive - may be displayed online or made available over the phone, when using these services. 1. Centrelink and the Family Assistance Office will assume that any transaction using your CAN** and PIN on the phone or your CAN and Password online was undertaken by you. 2. Using Self Service does not change any of your obligations to provide information to Centrelink and/or the Family Assistance Office. You are not excused from providing information when required if you cannot access Self Service for any reason. 3. You must not provide false and misleading information. Doing so could result in prosecution and civil or criminal penalties. Providing false and misleading information through Self Service that results in an overpayment will be treated in the same way as providing incorrect information on a form or in person. 4. Using Self Service is voluntary. You can provide information to Centrelink and the Family Assistance Office over the phone to a Call Centre Customer Service Operator or in person at any time, even if you have registered for Self Service. 5. Access to Self Service may be cancelled at your request by contacting us. Centrelink and/or the Family Assistance Office can also cancel this service if they believe that your access through Self Service has been used to perform an unauthorised action or if you are no longer eligible for this service. 6. You agree to: keep your PIN and/or Password and your Secret Questions and Answers confidential; not permit any other person to use your PIN and/or Password; and change your PIN and/or Password regularly and when prompted. 7. Your access to Self Service depends on telecommunications and Internet service providers and other external factors. Centrelink and the Family Assistance Office do not guarantee the availability of Self Service during the specified operating hours. 8. Centrelink and/or the Family Assistance Office may make changes to Self Service at any time and with or without notice to you. Centrelink and/or the Family Assistance Office may notify you of the changes through informational messages when you access Self Service. 9. Using your Self Service access will signify your acceptance of the Conditions of Use every time you use the Self Service facilities, including acceptance of any changes to the Conditions of Use, in circumstances where it is reasonable to assume that you are aware of the changes. The additional Conditions of Use (10 - 12) relate to you if you are eligible to report your employment income through Self Service. 10. You need to report your employment income by 5:00 p.m. on the day you are due to report, or your payment may be delayed. 11. You cannot report your employment income through Self Service more than six days after your reporting date. If you are more than six days late, you need to complete your 'Application for Payment' form and return it to your nearest Centrelink Customer Service Centre or follow the 'How to report' instructions on your Reporting and Income Statement. 12. You cannot report your employment income before your reporting date. **Note: Your Customer Access Number (CAN) is generally your Centrelink Reference Number (CRN) and may be referred to as such when you phone Centrelink. You need to enter your CAN and Password to access the secure Internet Self Service online. Your CAN and PIN are used for the phone Self Service and to authenticate you when you phone the Centrelink Call Centre. AbeBooks Terms and Conditions and Customer Agreement 1. Terms & Conditions AbeBooks(TM) Web Site Terms and Conditions Last Revised April 23, 2013 Welcome to AbeBooks.com. AbeBooks Inc. and/or its affiliates ("AbeBooks") provide website features to you subject to the following conditions. If you visit, shop or sell on AbeBooks.com (the "Web Site"), you accept these conditions. Please read them carefully. PRIVACY Please review our Privacy & Security Notice, which also governs your visit to the Web Site, to understand our practices. THE ABEBOOKS CUSTOMER AGREEMENT These Terms and Conditions supplement the AbeBooks Customer Agreement, which applies to registered AbeBooks customers. The AbeBooks Customer Agreement may be viewed by clicking here. YOUR ACCOUNT If you use the Web Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 19, you may use AbeBooks.com only with involvement of a parent or guardian. AbeBooks reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. DISCLAIMER THE WEB SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE ARE PROVIDED BY ABEBOOKS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ABEBOOKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU TO YOU THROUGH THE WEB SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ABEBOOKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ABEBOOKS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM ABEBOOKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ABEBOOKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you. If these laws apply to you, some or all of the above disclaimer exclusions or limitations may not apply to you, and you might have additional rights. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this Agreement. NO ADVICE The Web Site is not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any book or other item, product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Web Site. 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We will communicate with you by e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. COPYRIGHT COMPLAINTS AbeBooks is not obliged to monitor, screen, police or edit the use of the Web Site, including postings of materials to the Web Site, although AbeBooks reserves the right to do so in its discretion. AbeBooks respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement. OWNERSHIP OF THE WEB SITE Copyright © AbeBooks Inc. 2006 - 2014. The Web Site and its content (including all text, graphics, logos, videos, audio clips, digital downloads, data complication, forms, images, icons, software, design, applications and other elements available on or through the Web Site) are the property of AbeBooks or its content suppliers, and are protected by Canadian and International copyright laws. The compilation of all content on the Web Site is the exclusive property of AbeBooks and protected by Canadian and International copyright. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content. All software used on the Web Site is the property of AbeBooks or its software suppliers and protected by Canadian and International copyright laws. TRADEMARK INFORMATION ABE, ABEBOOKS, ABEBOOKS.COM, ADVANCED BOOK EXCHANGE, THE ADVANCED BOOK EXCHANGE (DESIGN), GOJABA, PASSION FOR BOOKS., PASSION FOR BOOKS. BOOKS FOR YOUR PASSION., BOOKSLEUTH, IBERLIBRO, BECAUSE YOU READ, JUSTBOOKS, JUST NEWBOOKS, HOMEBASE and other AbeBooks.com graphics, logos, page headers, button icons, scripts, and service names are registered and unregistered trademarks, service marks, trade dress or trade names of AbeBooks in Canada and/or other countries. AbeBooks's trademarks, service marks, trade dress and trade names may not be used in connection with any product or service that is not AbeBooks's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AbeBooks. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade names, trademarks and service marks of their respective owners and may or may not be affiliated with, connected to, or sponsored by, AbeBooks. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, service marks, trade dress or trade names displayed on the Web Site. LICENSE AND SITE ACCESS AbeBooks grants you a limited license to access and make personal use of the Web Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AbeBooks. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Web Site or any portion of the Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AbeBooks. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AbeBooks without express written consent. You may not use any meta tags or any other "hidden text" utilizing AbeBooks's name or trademarks without the express written consent of AbeBooks. Links to the Web Site without the express written permission of AbeBooks are strictly prohibited. To request permission to link to the Web Site, please contact marketing@abebooks.com. Any unauthorized use terminates the permission or license granted by AbeBooks. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of AbeBooks.com so long as the link does not portray AbeBooks, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AbeBooks logo or other proprietary graphic or trademark as part of the link without express written permission. OTHER SITES The Web Site may include advertisements for, and links to, other web sites or resources and businesses operated by other persons, including booksellers ("Other Sites"). Other Sites are independent from AbeBooks, and AbeBooks is not responsible for examining or evaluating, and we do not warrant the offering of, any of these businesses or individuals or the content of the Other Sites. AbeBooks does not assume any responsibility or liability for the actions, product and content of all these and any other third parties links to Other Sites are provided solely for your convenience. AbeBooks does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk. You should carefully review Other Sites' privacy statements and other conditions of use. APPLICABLE LAW These Terms and Conditions and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private International law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention on contracts for the International Sale Of Goods does not apply. DISPUTES For all disputes relating in any way to your visit to the Web Site, these Terms and Conditions, transactions facilitated or conducted through the Web Site, items ordered or purchased through the Web Site, dealings between you and AbeBooks, or any related matters or any legal relationship associated therewith or derived therefrom in which the aggregate total claim for relief sought on behalf of one or more parties exceed $7,500 ("Disputes"), will be adjudicated before the Courts of British Columbia sitting in the City of Vancouver, British Columbia, Canada, and you hereby irrevocably submit to the exclusive jurisdiction and venue in those courts. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. Any shorter time limit provided by statute law remains unaffected. OUR ADDRESS Abebooks Inc. Suite 500-655 Tyee Rd. Victoria, BC, Canada V9A 6X5 http://www.abebooks.com MODIFICATIONS, SEVERABILITY AbeBooks may, in its discretion, change, supplement, or amend these Terms and Conditions as they relate to your future use of the Web Site at any time. If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severed from the rest of these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions. OTHER You have expressly required that these Terms and Conditions be drafted in the English language. Vous avez expressément convenu que les conditions générales d'utilisation soient rédigées en langue anglaise. Notice and Procedure for Making Claims of Copyright Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AbeBooks's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying AbeBooks that your copyrighted material has been infringed. - An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; - A description of the copyrighted work that you claim has been infringed upon; - A description of where the material that you claim is infringing is located on the site; - Your address, telephone number, and e-mail address; - A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; - A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. AbeBooks.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent AbeBooks.com Legal Department 655 Tyee Road, Suite 500 Victoria BC V9A 6X5 Canada e-mail: copyright@abebooks.com Courier address: Copyright Agent AbeBooks.com Legal Department 655 Tyee Road, Suite 500 Victoria BC V9A 6X5 Canada 2. AbeBooks' Customer Agreement Last Revised December 16, 2014 Thank you for choosing AbeBooks for purchasing those much sought after books! This agreement between you and AbeBooks Inc. ("AbeBooks") explains how you can use our Web sites and buy books listed on our Web sites. Use of AbeBooks Web sites is governed by this agreement. By registering as an AbeBooks customer, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. 1. Who is AbeBooks? AbeBooks operates a number of Web sites, including but not limited to abebooks.com, abebooks.de, abebooks.fr, abebooks.co.uk, abebooks.it and iberlibro.com, (collectively the "Web sites") that allow registered AbeBooks customers ("Customers") to purchase new, used, rare and out-of-print books and other items such as maps, sheet music, manuscripts and ephemera (collectively, "Items") from booksellers around the world ("Booksellers") acting on their own behalf. 2. Who Can Be a Customer? Only individuals and businesses that are legally entitled to enter into legally binding and enforceable contracts may register to be a Customer and purchase books through the Web sites. Customers must comply with all applicable laws. All information submitted by Customers through the Web sites, including registration information, payment information, and transaction-related information must be true, accurate, current and complete. Once you have registered as a Customer, you are referred to as a "Customer", "You", "Your" or "Yourself" for the purposes of this agreement. 3. How This Works The Web sites are a marketplace for Booksellers and Customers. Customers buy Items from Booksellers, not from AbeBooks. Customers authorize AbeBooks to act as their limited representative solely to conclude on their behalf sales contracts directly between them and the Booksellers for sales of Items on the Web sites. AbeBooks only facilitates transactions, and does not enter into any sale or purchase contract in its own name on behalf of Customers or Booksellers. AbeBooks is not the agent of the Booksellers. Only Customers and Booksellers (not AbeBooks) are responsible for all transactions through the Web sites and the terms and conditions of all transactions. Orders placed through the Web sites are forwarded to the selected Bookseller by electronic mail (e-mail) for acceptance and fulfillment by the Bookseller. A variety of payment methods (including credit cards) may be used to purchase on our Web Sites. Passwords must be kept confidential and not disclosed to or shared with any other person. You are solely responsible and liable for any use and misuse of Your password and for all activities that occur under Your password. You must immediately notify AbeBooks of any unauthorized use of Your password, or if You know or suspect that Your password has become known to any other person. AbeBooks is not under any obligation to verify the actual identity or authority of the user of any password. 4. Buying on Behalf of a Third Party If a Customer places an order on behalf of another person, this third party's contact information must be communicated to the Bookseller, along with the Customer's information. A bookseller is not required to communicate with the person that an order was placed on behalf of. 5. Returns If you are dissatisfied with your purchase, you are eligible for a refund within 30 days of the estimated delivery date. Refer to the AbeBooks 30-Day Returns Policy for details on how to initiate returns. If you need to return a book that was purchased on your behalf, the Customer who made the purchase will also have to initiate the return. 6. Misprints and Orders Although AbeBooks strives to provide reliable and current information on the Web sites, misprints or other errors may occur. AbeBooks reserves the right to change information on the Web sites at any time and from time to time without any notice or liability to You or any other person. Items listed on the Web sites are subject to availability, and may not be available when ordered or afterwards. The Items offered on the Web sites are invitations for purchase orders, and shall not constitute binding offers to sell. Your properly completed and delivered order form constitutes Your offer to purchase the Items referenced in your order. Your order will be accepted only if and when the Bookseller sends an order acceptance and shipping notice to Your e-mail address. 7. We Respect Your Privacy Your personal information will be collected and saved by AbeBooks. All data and information collected from You by AbeBooks is treated confidentially respecting the applicable laws on data protection and in accordance with our Privacy Policy, which may be viewed by clicking here. 8. Warranty Disclaimer and Liability Exclusion and Limitation Clauses Since AbeBooks is not a party to any transactions through the Web sites, AbeBooks does not give any representation or warranty regarding any transactions or any of the Items. AbeBooks has no control over or liability for the quality or legality of the Items advertised, the truth or accuracy of the listings, or the ability of Booksellers to sell Items. The Web sites are provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by AbeBooks to the fullest extent permitted by law. Regardless of the nature of the claim or the reasons for the loss and damages, AbeBooks' liability is limited to foreseeable and typical damages. AbeBooks will not under any circumstances be liable to You for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Web sites by You unless it concerns the loss of life, injury of body and/or physical health. In no event will AbeBooks' total liability to You or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by AbeBooks or any person for whom AbeBooks is responsible, exceed the lesser of US$25 or the purchase price of the Item that is the subject of the claim. The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to You. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this agreement. 9. Legal Claims For all disputes between AbeBooks and you or any other person arising from, connected with or relating to the Web sites, this Agreement, transactions facilitated or conducted through the Web sites, Items ordered or purchased through the Web sites, dealings between You and AbeBooks, or any related matters or any legal relationship associated therewith or derived therefrom ("Disputes"), the relevant parties will attempt to find a reasonable solution least onerous to the parties. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the Courts of British Columbia sitting in the City of Vancouver, British Columbia, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. Any shorter time limit provided by statute law remains unaffected. 10. How Do You or AbeBooks End This Agreement? You or AbeBooks may terminate this Agreement at any time with immediate effect and without any prior notice. AbeBooks may at any time and in its discretion immediately suspend or terminate (in whole or in part) your permission to use the Web sites without any notice or liability to You or any other person. If this agreement or your permission to use the Web sites is terminated by You or AbeBooks for any reason, this agreement will nevertheless continue to apply and be binding upon You in respect of Your prior use of the Web sites and prior purchases of Items through the Web sites and anything connected with, relating to or arising from those matters. 11. Changes to Web sites, Policies and Procedures, and this Agreement AbeBooks may, in its discretion, change, suspend or terminate, temporarily or permanently, the Web sites or any part of them at any time, for any reason, without any notice or liability to You or any other person. AbeBooks may, in its discretion, change, supplement or amend its policies and procedures and this agreement as they relate to future use of the Web sites from time to time and without any notice or liability to You or any other person, by posting revised documents on the Web sites. You may not change, supplement or amend this agreement or any AbeBooks policies or procedures. You and AbeBooks have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce contrat et tous les documents qui s'y rapportent soient rédigées en anglais. Thank you for registering with AbeBooks. We look forward to serving you as a valued customer. Enjoy Your Books! Namecheap Universal Terms of Service Agreement This Universal Terms of Service Agreement ("Agreement") sets forth the terms and conditions of the use of our systems, software, platforms, APIs, and the use and/or purchase of our products and related services and for the purchase and/or use of any products and services acquired through Namecheap from our partners and/or affiliates (collectively "Services"). 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You agree that We have the sole right to decide what constitutes a violation of the AUP described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our AUP is found, Namecheap will take corrective action upon Our own discretion and will notify You. Namecheap’s decision in such case is binding and final, and cannot be a subject of a further change. Namecheap cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Namecheap or any other third party. You further agree to the product and service specific AUPs which are incorporated herein by reference: Acceptable Use Policy — Namecheap Acceptable Use Policy for web hosting clients Namecheap Content; User Content. In addition to the general rules above, the provisions in this section apply specifically to Your use of Namecheap Content and User Content posted to Namecheap’s site (i.e. those sites which We directly control or maintain). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) You may have in content posted to Your websites. Namecheap Content. Except for User Content, with respect to all content on this site and the Services We offer, all right, title and interest in and to all (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by Namecheap, its licensors, and/or where applicable its partners and affiliates, and You agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to You, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. Namecheap Content is provided to you “as is”, “as available” and “with all faults” for Your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without Our express prior written consent. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. We reserve all rights not expressly granted in and to the Namecheap Content, this site, Our Services, and this Agreement do not transfer ownership of any of these rights. User Content. Some of the features of Our site(s) or the Services may allow users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos, (c) reviews, rankings and/or product ratings (“User Reviews”) (collectively “User Content”). User Content also includes all content submitted through your Account. By posting or publishing User Content to this site or to the Services We offer, You represent and warrant to Us that (i) You have all necessary rights to distribute User Content via this site or via the Services, either because You are the author of the User Content and have the right to distribute the same, or because You have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this site or Our Services (including without limitation those features that prevent or restrict use or copying of any Namecheap Content or User Content) or enforce limitations on the use of this site or Our Services, the Namecheap Content or the User Content therein. Namecheap’s Use of User Content. The provisions in this section apply specifically to Namecheap’s use of User Content posted to Our websites (i.e., those sites which Namecheap directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) You may have in content posted to Your hosted websites. In General. You shall be solely responsible for any and all of Your User Content or User Content that is submitted through Your Account, and the consequences of, and requirements for, distributing it. User Submissions & User Reviews. You acknowledge and agree that: Your User Submissions and/or User Reviews are entirely voluntary. Your User Submissions and/or User Reviews do not establish a confidential relationship or obligate Us to treat Your User Submissions as confidential or secret. Namecheap has no obligation, either express or implied, to develop or use Your User Submissions or User Reviews, and no compensation is due to You or to anyone else for any intentional or unintentional use of Your User Submissions or User Reviews. Namecheap may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action. Namecheap shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions and/or User Reviews posted to Our site(s), and shall be entitled to the unrestricted use and dissemination of any User Submissions or User Reviews posted to Our site(s) for any purpose, commercial or otherwise, without acknowledgment or compensation to You or to anyone else. User Content (Other Than User Submissions/User Reviews). If You have a website or other content hosted by Us, You shall retain all of Your ownership or licensed rights in User Content. By posting or publishing User Content to this site or through Our Services, You authorize Us to use the intellectual property and other proprietary rights in and to Your User Content to enable inclusion and use of the User Content in the manner contemplated by this Agreement. You hereby grant Namecheap a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform Your User Content in connection with this site, the Services and Namecheap’s (and Namecheap’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each user of this Site a non-exclusive license to access Your User Content (with the exception of User Content that you designate “private” or “password protected”) through this site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this site and under this Agreement. The above licenses granted by You in your User Content terminate within a commercially reasonable time after You remove or delete Your User Content from this Site. You understand and agree, however, that Namecheap may retain (but not distribute, display, or perform) server copies of Your User Content that have been removed or deleted. The above licenses granted by You in Your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Namecheap shall not use any User Content that has been designated “private” or “password protected” by You for the purpose of promoting this site or Namecheap’s (or Namecheap’s affiliates’) business(es). Storage and Security. You are entirely responsible for maintaining the confidentiality of Your Account access credentials (including but not limited to Your customer username/login, support pin code, password and API key (if any)) and Account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your content displayed, linked, transmitted through or stored on or hosted on Our server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; (iii) ensure the security, confidentiality and integrity of Your content transmitted through or stored on Namecheap servers; and (iv) ensure the confidentiality of Your password. Namecheap's servers are not an archive and Namecheap shall have no liability to You or any other person for loss, damage or destruction of any of Your content. Though some Services offered by Namecheap are PCI (Payment Card Industry) compliant, they should not be utilized as such without further compliance activity with respect to Your business. Namecheap shall have no liability to You or any other person for Your use of Namecheap Services in violation of these terms. Further, You agree not to undertake any activities that may impact or place at risk Namecheap’s ability to maintain Our PCI compliance. We reserve the right to take any action necessary to ensure Our ongoing PCI compliance status. Namecheap Non-Exclusive License; Third-Party License; Links to Third-Party Websites. In using Our Services, You may be granted the ability to use Our software and/or third-party software that We make available for Your use. You may also choose to add and use third-party software in connection with Our Services. Moreover, We may offer third-party products and services that require You to access their website in order to complete Your purchase and/or agree to additional terms and conditions. For these situations, the following provisions apply. Namecheap Non-Exclusive License. If You have licensed software from Namecheap, Namecheap grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Namecheap reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of Namecheap. The source code and its organization are the exclusive property of Namecheap and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by Namecheap. Any such software and Services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose. Third-Party Software Use. Namecheap provides some third-party software to You for easier account management. Such software is provided on an "as is" as available basis. We do not guarantee that any specific results can be obtained by using such software. Namecheap does not take responsibility for any faults in such software functioning. You agree that Your use of any Namecheap Services shall be used by You in accordance with the terms of any relevant third-party licenses. Your failure to abide by any third-party license may result in the immediate termination of Your Services by Namecheap. You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Namecheap. Your use of any third party software is at Your own risk. Namecheap does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Namecheap will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. Namecheap reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time. You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup. Links to Third-Party Websites Provided By Us. This site and the Services offered by Namecheap, may contain links to third-party websites that are not owned or controlled by Us. These links include, but are not limited to, links to third-party provider services and products through the Namecheap App Marketplace. Namecheap assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Namecheap does not censor or edit the content of any third-party websites. By using this site or Our Services, whether provided directly by Us or by a third-party, You expressly release Namecheap from any and all liability arising from Your use of any third-party website and/or services offered by them. Accordingly, Namecheap encourages You to be aware when You purchase or use products/services of third-parties and to review the terms and conditions, privacy policies, and other governing documents of each other website that You may visit. As between You and Namecheap, this Agreement and all of Our policies and additional terms control Our relationship with You. Third-Party Content. If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. Namecheap has the absolute right to reject any advertising or other third party content that is illegal, offensive, defamatory or otherwise in breach of the then current Namecheap policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. Privacy. Namecheap's Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and Namecheap's responsibilities with regard to Your personal information. Namecheap will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that Namecheap, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if You do not agree to any such modification, You may terminate this Agreement. Namecheap will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to Namecheap as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to Namecheap in the future. Namecheap is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data. Trademark or Copyright Claims. Namecheap is a service provider and respects the copyrights and other intellectual property rights of others. To the extent Namecheap receives a proper notice of infringement of copyright, trademark or other intellectual property, Namecheap reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if Namecheap believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint. Namecheap expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Namecheap also reserves the right to terminate an account or subscriber for even one instance of infringement. If You would like to submit (a) a trademark claim for violation of a mark on which You hold a valid, registered trademark or service mark, or (b) a copyright claim for material on which You hold a bona fide copyright, please refer to Namecheap’s Copyright and Trademark Policies. No Spam; Liquidated Damages. No Spam Policy. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using Our products and services for the purpose of sending spam are fully investigated. If We determine there is a problem with spam, We will take the appropriate action to resolve the situation. We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following: Email Messages Newsgroup postings Windows system messages Pop-up messages (aka "adware" or "spyware" messages) Instant messages (using AOL, MSN, Yahoo or other instant messenger programs) Online chat room advertisements Guestbook or Website Forum postings Facsimile Solicitations Text/SMS Messages We will not allow Our servers and services to be used for the purposes described above. In order to use Our products and services, You must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but You must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and a legitimate opt-out method in the footer of the email or fax that will effectively unsubscribe the recipient. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number. If We determine the services in question are being used in association with spam, We will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period deemed appropriate by Namecheap. The registrant or customer will be required to respond by email to Us stating that they will cease to send spam and/or have spam sent on their behalf. We may require a non-refundable reactivation fee to be paid before the site, email boxes and/or Services are reactivated. In the event We determine the abuse has not stopped after Services have been restored the first time, We may terminate any and all Services associated with the domain name in question and, if We do, no refund will be available to You. We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through Our Spam Abuse Complaint Center on the Web. Report abuse → Remedies, Liquidated Damages. You agree that We may immediately terminate any Account which we believe, in Our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay Us liquidated damages in the amount of $500 or $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your Account, whichever amount is greater. Additional Reservation of Rights. Namecheap expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Namecheap in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Namecheap in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Namecheap, its officers, directors, employees and agents, as well as Namecheap’s affiliates. In the event that Namecheap need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on Your accounts, and You will continue to remain responsible for the payment of any service fees that accrue during the relevant period. Billing & Payment; Currency; Termination & Cancellation Policy. Billing and Payment. All fees for the Services shall be in accordance with Namecheap's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the time You order the Services, unless otherwise noted. You may pay for Services by providing a valid credit or debit card, an electronic check (from your personal or business checking account, as appropriate), PayPal, Bitcoin, Dwolla, or any other payment method then accepted by Namecheap (each a “Payment Method”); provided, however, that We may at Our option require that You pay fees through a particular payment means (such as by credit card or by wire transfer) or that You change from one payment provider to another. Charges for the Service(s) will be billed to Your chosen Payment Method as charges for “NAME-CHEAP.COM.” If You choose to pay for the Service(s) by credit card, Our payment processing service provider may, at the beginning of the payment process, pre-authorize the transaction charges against Your credit card. This process confirms both the validity of the credit card and the availability of sufficient funds to finalize the transaction. If, after commencing the payment process, You subsequently elect not to finalize Your transaction, We will clear any pre-authorized charges from Our systems and reverse the payment within two [2] hours. Depending on Your credit card provider and their policies, pre-authorized charges may continue to be reflected in Your credit card account details for longer than this two [2] hour period. All prices and fees are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Namecheap expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this site, or the relevant site of the Service, and effective immediately without need for further notice to You. If You have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION WILL ATTEMPT TO AUTOMATICALLY RENEW THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WITH THE AUTOMATIC RENEWAL OPTION, NAMECHEAP WILL ATTEMPT TO RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH US AT NAMECHEAP’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. PLEASE NOTE THAT RENEWAL DATES VARY BY SERVICE. FOR INSTANCE, SOME SERVICES MAY RENEW THIRTY (30) DAYS PRIOR TO EXPIRATION AND OTHERS MAY RENEW FIVE (5) DAYS PRIOR TO EXPIRATION. YOU MAY ENABLE OR DISABLE THE AUTOMATIC RENEWAL OPTION AT ANY TIME. HOWEVER, SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE OR IF YOUR PAYMENT METHOD CHOSEN FOR YOUR AUTOMATIC RENEWAL SHOULD FAIL, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND NAMECHEAP SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. NAMECHEAP RESERVES THE RIGHT TO DETERMINE WHETHER A SECOND ATTEMPT AT PAYMENT WILL BE MADE SHOULD THE CHOSEN PAYMENT METHOD FAIL. IN ADDITION, NAMECHEAP MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR THIRD-PARTY BILLING PROVIDER. IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, NAMECHEAP WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. NAMECHEAP MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND NAMECHEAP SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. If for any reason Namecheap is unable to charge your payment method for the full amount owed for the Services provided, or if We receive notification of a chargeback, reversal, payment dispute, or are charged a penalty for any fee previously charged to your payment method, You agree that Namecheap may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to You, of any domain names or Services registered or renewed on Your behalf. You also agree that all rights to and interest in and use of any Services, content and/or products purchased through Us, including all data hosted on Our systems shall be assumed by Us in satisfaction of any indebtedness by You to Us. We will reinstate Your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and Our reinstatement fee, currently set at $200 (US Dollars). Namecheap also reserves the right to charge You reasonable "administrative fees" or "processing fees" for (i) tasks Namecheap may perform outside the normal scope of its Services, (ii) additional time and/or costs We may incur in providing its Services, and/or (iii) Your noncompliance with this Agreement (as determined by Namecheap in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP action(s) in connection with Your domain name(s) and/or disputes that require accounting or legal services, whether performed by Namecheap staff or by outside firms retained by Namecheap; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Namecheap as the results of chargebacks or other payment disputes brought by You, Your bank or payment method processor. These administrative fees or processing fees will be billed to the payment method You have on file with Namecheap. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Namecheap will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at Namecheap's then current rates. Currency. While all purchases are processed in US dollars, Namecheap may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, Namecheap makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT or additional off-shore margin and/or fees, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process. Termination & Cancellation Policy. The initial term of Your agreement with Namecheap shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with Namecheap shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. This agreement may be terminated: (i) by You when You discontinue the use of Our Services or (ii) by Namecheap at any time, without prior notice, if, in Namecheap's judgment, You are in violation of any terms or conditions herein; or (iii) in Namecheap's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Namecheap or could disrupt Namecheap's business operations; or (iv) by Namecheap if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and Namecheap. In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that Namecheap may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of Namecheap. Refunds do NOT apply to Services unless otherwise specified. In the event of termination of this Agreement caused by Your default hereunder, You shall bear all costs of termination, including any reasonable costs Namecheap incurs in closing Your account. You agree to pay any and all costs incurred by Namecheap in enforcing Your compliance with this section. Upon termination, You shall destroy any copy of the materials licensed to You hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, Namecheap may delete all information related to You on the Services. Customer Support. Namecheap provides customer support to You at no additional fee for issues related to Namecheap Services only. Namecheap has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable. Namecheap will also require, before assistance can be given, that You verify Your identity in relation to the Account in question. We will determine, in Our sole and absolute discretion, what must be provided for verification purposes. Unless otherwise directed by a specific Service, You can request customer support only by opening Live Chat or Ticket through the HelpDesk system located in the Customer area. Namecheap will have no liability to provide customer support if it is requested in any other way apart from the HelpDesk system or the instructions specific to the Service at issue. You are solely responsible to use the appropriate HelpDesk category when opening Live Chat or posting Ticket. Namecheap will have no liability to respond to tickets opened in inappropriate categories. Namecheap shall not be liable for any delay in Live Chat and/or Ticket opened in inappropriate categories. You acknowledge that by asking our customer support representatives for assistance, You authorize their intervention and operation in Your account. You must provide Namecheap with all information and access to facilities that Namecheap may reasonably require to provide the requested customer support. You are solely liable for performing and storing a back-up copy of data, files, hosting account and any other content prior to requesting customer support and agreeing to any interference or operation, provided by Namecheap. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the back-up copies of Your data. You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, excessive number of Live Chats and Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Live Chats, posting Tickets, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, account suspension or possible account termination with no refund. Namecheap has the sole right to decide what constitutes abuse of the HelpDesk system. Account Use. You are responsible for security of Your Account access credentials. Namecheap will not change passwords to any account. Should You need to restore access to Your account, You will need to provide Us with appropriate identification, as determined by Us in Our sole discretion, and We will initiate a password reset process for You to complete. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Namecheap will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Namecheap be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless Namecheap from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to Namecheap you should take all due precautions to provide any sensitive information over a secure communication channel. Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND OUR SERVICES SHALL BE AT YOUR OWN RISK AND THAT SERVICES FOUND ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. NAMECHEAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NAMECHEAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND NAMECHEAP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY NAMECHEAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS SUPPORT CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR OUR SERVICES. Limitation of Liability; Waiver and Release. IN NO EVENT SHALL NAMECHEAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) OUR SERVICES WHETHER FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT NAMECHEAP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT NAMECHEAP WILL NOT BE LIABLE FOR ANY (I) SUSPENSION OR LOSS OF THE SERVICES; (II) INTERRUPTION OF BUSINESS; (III) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE(S) PROVIDED THROUGH OR BY THE SERVICES; (IV) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (V) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (IV) EVENTS BEYOND THE CONTROL OF NAMECHEAP; (VII) THE PROCESSING OF YOUR APPLICATION FOR SERVICES; OR (VIII) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL NAMECHEAP’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE. NO WAIVER OF ANY PROVISION OF THIS AGREEMENT SHALL BE EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF NAMECHEAP. Indemnification. Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Namecheap and all affiliates of Namecheap, and all officers, agents, employees, and representatives of Namecheap, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of Namecheap products and/or services by Namecheap and its agents and employees. Further, You agree to defend, indemnify and hold harmless Namecheap and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by Namecheap’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or Your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to Namecheap, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for You or by You via the Services; (vi) any information, material, or services available on Your licensed Namecheap website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Namecheap be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, Namecheap may seek a written confirmation from You concerning Your obligation to defend, indemnify and hold harmless Namecheap. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Namecheap shall have the right to participate in the defense of any such claim through counsel of its Own choosing. You agree to notify Namecheap of any such claim promptly in writing and to allow Namecheap to control the proceedings. You agree to cooperate fully with Namecheap during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement. U.S. Export Laws. This Site and Our Services are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of Our Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this site and Our Services, You agree to the foregoing and represent and warrant that You are not a national or resident of, located in, or under the control of, any restricted country; and You are not on any denied parties list; and You agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If You access this site or Our Services from other countries or jurisdictions, You do so on Your own initiative and You are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, You shall not access this site or Our Services. The obligations under this section shall survive any termination or expiration of this Agreement or Your use of this site or Our Services. Compliance with Local Laws. Namecheap makes no representation or warranty that the content available on this site or the Services We offer are appropriate in every country or jurisdiction, and access to this site or Our Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this site or use Our Services are responsible for compliance with all local laws, rules and regulations. Governing Law; Jurisdiction; Waiver of Trial By Jury. Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court for the Central District of California, or if there is no jurisdiction in such court, then in a state court in Los Angeles County, State of California. You agree to waive the right to a trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement. Notices. You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or, if domain related, the domain name Whois information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name Whois information You have provided. Final Agreement. This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersedes and governs all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for Namecheap’s Services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that You have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference. No Agency Relationship. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise. Enforceability. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. Assignment and Resale. Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Namecheap's prior express written consent. Force Majeure. Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Namecheap, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this section extends for a period in excess of thirty (30) days in the aggregate, Namecheap may immediately terminate this Agreement. Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section. Contact Information. If you have questions about this Agreement, please contact us by email or regular mail at the following address: Namecheap Legal Department 11400 W. Olympic Blvd. Suite 200 Los Angeles, CA 90064 legal@namecheap.com Namecheap Web Hosting - Terms of Service TOS) These Terms of Service (the "Agreement") set forth the terms and conditions of Your Use of hosting and related services ("Services"). In this Agreement "You" and "Your" refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "us" and "our" refer to Namecheap, Inc., as well as its subsidiaries and sister companies (“Namecheap”). This Agreement explains Our obligations to You, and explains Your obligations to Us for the various services or products offered by Namecheap (“Services”). When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement. Term of Agreement; Modification You agree that Namecheap may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes Namecheap may reasonably make to this Agreement when such changes are made. If You have purchased Services from Namecheap, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes. Accurate Information You agree to maintain accurate information by providing updates to Namecheap, as needed, while You are using the Services. You agree You will notify Namecheap within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Namecheap to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Namecheap has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Namecheap has the absolute right, in its sole discretion, to terminate its Services and close Your account. Privacy Namecheap 's Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and Namecheap 's responsibilities with regard to Your personal information. Namecheap will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that Namecheap, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. Namecheap will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to Namecheap as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to Namecheap in the future. Namecheap is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data. Accepted Use Policy Namecheap’s Accepted Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree: not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government. not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing. not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum. not to make, attempt or allow any unauthorized access to Namecheap website, servers, your own hosting account or the account of any other customers of Namecheap. not to allow any remote code execution of malicious software through the hosting account provided by Namecheap. not to cause denial of service attacks, port scans or other endangering and invasive procedures against Namecheap servers and facilities or the servers and facilities of other network hosts or Internet users. not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User. not to use Namecheap services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence. not to upload unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. not to engage in or to instigate actions that cause harm to Namecheap or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Namecheap reserves the right to refuse service to anyone upon Our discretion. Any material that in Namecheap judgment, is either obscene or threatening is strictly prohibited and will be removed from Namecheap servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Namecheap will take corrective action upon our own discretion and will notify You. Namecheap decision in such case is binding and final, and cannot be a subject of a further change. Namecheap cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Namecheap or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Namecheap will not be liable for any loss or damages in such cases. not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription. At its discretion, Namecheap can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content. For more information on the Accepted Use Policy for Virtual hosting accounts, VPS hosting accounts and Dedicated Servers please consult Our Acceptable Use Policy. Storage and Security At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your account access credentials (including but not limited to Your customer username/login, support pin code, password) and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Namecheap servers; and (iv) ensure the confidentiality of Your password. Namecheap 's servers are not an archive and Namecheap shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The Services offered by Namecheap are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Namecheap shall have no liability to You or any other person for Your use of Namecheap Services in violation of these terms. Ownership Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by Namecheap or its licensors, and you agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to you, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by Namecheap and all right, title and interest in and to each such Derivative Work shall automatically vest in Namecheap. Namecheap shall have no obligation to grant You any right in any such Derivative Work. Non-Exclusive License If You have licensed software from Namecheap, Namecheap grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Namecheap reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of Namecheap. The source code and its organization are the exclusive property of Namecheap and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by Namecheap. Any such software and Services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose. Third-Party Software Namecheap provides some third-party software to You for easier account management including, but is not limited to cPanel, etc. Such software is provided on an "as is" as available basis. We do not guarantee that any specific results can be obtained by using such software. Namecheap does not take responsibility for any faults in such software functioning. You agree that Your use of any Namecheap Services shall be used by You in accordance with the terms of any relevant third-party licenses. Your failure to abide by any third-party license may result in the immediate termination of Your Services by Namecheap. You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Namecheap. Your use of any third party software is at Your own risk. Namecheap does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Namecheap will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. Namecheap reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time. You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup. Third-Party Content If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. Namecheap has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Namecheap policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify Namecheap immediately of the error. In no event shall Namecheap be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal. Billing and Payment All fees for the Services shall be in accordance with Namecheap 's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Namecheap may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due Namecheap remains unpaid seven (7) days after such payment is due for shared hosting packages and three (3) days for VPS and dedicated servers, Namecheap, in its sole discretion, may immediately terminate this agreement, and/or withhold or suspend Services. There will be a $15.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by You. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Namecheap will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at Namecheap 's then current rates. If you improperly charge back for web hosting services rendered, we may disable the ability to transfer any other your Namecheap services away from Namecheap. Termination & Cancellation Policy The initial term of Your agreement with Namecheap shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with Namecheap shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. This agreement may be terminated: (i) by You by submitting a helpdesk ticket under Billing Issues category at least three (3) working days before the account is due to renew; or (ii) by Namecheap at any time, without prior notice, if, in Namecheap 's judgment, You are in violation of any terms or conditions herein; or (iii) in Namecheap 's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Namecheap or could disrupt Namecheap 's business operations; or (iv) by Namecheap if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and either Namecheap or Namecheap. In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that Namecheap may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of Namecheap. You may receive a refund if Your account is cancelled within the initial 14 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated servers, dedicated IP addresses, SSL certificates, renewals, any licenses (WHMCS, cPanel, Windows, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees. In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs Namecheap incurs in closing your account. You agree to pay any and all costs incurred by Namecheap in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, Namecheap may delete all information related to you on the Services. Customer Support Namecheap provides customer support to You at no additional fee for issues related to Namecheap service only. Namecheap has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable. You can request customer support only by opening Live Chat or Ticket through the HelpDesk system located in the Customer area. Namecheap will have no liability to provide customer support if it is requested in any other way apart from the HelpDesk system. You are solely responsible to use the appropriate HelpDesk category when opening Live Chat or posting Ticket. Namecheap will have no liability to respond to tickets opened in inappropriate categories. Namecheap shall not be liable for any delay in Live Chat and/or Ticket opened in inappropriate categories. You acknowledge that by asking our customer support representatives for assistance, You authorize their intervention and operation in Your account. You must provide Namecheap with all information and access to facilities that Namecheap may reasonably require to provide the requested customer support. You are solely liable for performing and storing a back-up copy of your data, files and hosting account prior to requesting customer support and agreeing to any interference or operation, provided by Namecheap. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the back-up copies of Your data. You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, excessive number of Live Chats and Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Live Chats, posting Tickets, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, account suspension or possible account termination with no refund. Namecheap has the sole right to decide what constitutes abuse of the HelpDesk system. Legal Purposes The web hosting and reseller hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of Namecheap is to provide space to serve web documents, not as an off-site storage area for electronic files and is governed by the AUP. Violations of the AUP or any other provisions of this Agreement may result in termination of the Services provided by Namecheap, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Namecheap based upon the severity of the violation. Namecheap reserves the right to refuse Service if any of the content within, or any links from, the Your website is deemed illegal, misleading, or obscene, or is otherwise in breach of Namecheap 's AUP, in the sole and absolute opinion of Namecheap. You agree that Namecheap shall not be liable to you for loss or damages that may result from its refusal to host your website or provided the Services under this Agreement. Account Use You agree to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. You are responsible for security of Your password. Namecheap will not change passwords to any account without proof of identification, which is satisfactory to Namecheap, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Namecheap will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Namecheap be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless Namecheap from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to Namecheap you should take all due precautions to provide any sensitive information over a secure communication channel. Currency While all purchases are processed in US dollars, Namecheap may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, Namecheap makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process. Limitation of Liability; Waiver and Release The Services offered by Namecheap are being provided on an "AS IS" and Namecheap expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringment, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Namecheap expressly does not warrant that the Namecheap Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Namecheap shall create any warranty not expressly made herein. You agree that Namecheap will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Namecheap; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password. In no event shall Namecheap be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the Services, even if Namecheap is aware of or has been advised of the possibility of such damages. In addition, You specifically acknowledge and agree that any cause of action arising out of or related to Namecheap or the Services provided by Namecheap must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. In addition, You specifically acknowledge and agree that in no event shall Namecheap’s total aggregate liability exceed the total amount paid by You for the particular Services that are the subject of the cause of action. The foregoing limitations shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or Your use of Namecheap or its Services offered. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Namecheap. Indemnification Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Namecheap and all affiliates of Namecheap, and all officers, agents, employees, and representatives of Namecheap, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the Namecheap products and/or services by Namecheap and its agents and employees. Further, You agree to defend, indemnify and hold harmless Namecheap and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by Namecheap’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to Namecheap, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your licensed Namecheap website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Namecheap be notified of a pending law suit, or receive notice of the filing of a law suit, Namecheap may seek a written confirmation from You concerning Your obligation to defend, indemnify Namecheap. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Namecheap shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Namecheap of any such claim promptly in writing and to allow Namecheap to control the proceedings. You agree to cooperate fully with Namecheap during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement. Trademark or Copyright Claims Namecheap is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent Namecheap receives a proper notice of infringement of copyright, trademark or other intellectual property, Namecheap reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if Namecheap believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint. Namecheap expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Namecheap also reserve the right to terminate an account or subscriber for even one instance of infringement. Proper notice of infringement shall include the following information in writing to Namecheap’s designated agent: the electronic or physical signature of the rights holder or the person authorized to act on behalf of that person; identification of the work that has been infringed; an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Namecheap to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit Namecheap to locate that reference or link; Your name, address, telephone number, and email address; a statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and a statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder. Notice of infringement must be sent to Namecheap’s designated agent to receive notification of claimed infringement as follows: Attn: Legal Department, Namecheap, 11400 W. Olympic Blvd., Suite 200, Los Angeles, CA 90064; facsimile: (310)-312-9513. Additional Reservation of Rights Namecheap expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Namecheap in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Namecheap in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Namecheap, its officers, directors, employees and agents, as well as Namecheap’s affiliates. In the event that Namecheap need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period. Governing Law and Jurisdiction for Disputes Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court for the Central District of California, or if there is no jurisdiction in such court, then in a state court in Los Angeles County, State of California. Notices You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or domain name Whois information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name Whois information You have provided. Legal Age You attest that you are of legal age (18 or over) to enter into this Agreement. Final Agreement This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for Namecheap’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference. No Agency Relationship Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise. Enforceability In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. Assignment and Resale Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Namecheap's prior express written consent. Force Majeure Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Namecheap, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Namecheap may immediately terminate this Agreement. Headings The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section. Namecheap Web Hosting - Privacy Policy Your privacy on the Internet is of the utmost importance to Us. At Namecheap, We want to make Your experience online satisfying and safe. Because We gather certain types of information about Our users, We feel You should fully understand the terms and conditions surrounding the capture and use of that information. This Privacy Policy, Terms and Conditions and Acceptable Use Policy, set out Our policies applicable to Your account and disclose what information We gather and how We use it. Namecheap gathers and keeps track of: Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive Our electronic newsletters, to participate in Our message boards or forums, to email a friend, and from participation in polls and surveys. Information Namecheap gathers through aggregated tracking information derived mainly by tallying page views throughout Our sites. This information allows Us to better tailor Our content to readers' needs and to help Our advertisers and sponsors better understand the demographics of Our audience. Because Namecheap derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping Our service free to users. Under no circumstances does Namecheap divulge any information about an individual user to a third party. Namecheap gathers information about its users as follows: OPTIONAL VOLUNTARY INFORMATION SUBMISSION Namecheap offers the following free services, which require some type of voluntary submission of personal information by users: Electronic newsletters (Dispatches). Namecheap offers a free electronic newsletter to users. Namecheap gathers the email addresses of users who voluntarily subscribe to this service. At any time, users are free to remove themselves from this mailing list by following the link provided in every newsletter pointing the user to the subscription management page. Message Boards/Forums. Users of the Namecheap's Message Boards and Forums can login to these areas with their Namecheap usernames free of charge in order to post messages. Authorization is not required in order to visit or otherwise use Namecheap's other services and/or products. "E-mail this to a friend" Service. Namecheap users can choose to electronically forward a link, page, or documents to someone else by clicking on "e-mail this to a friend". In order to do so, the user must provide his email address, as well as the email address of the intended recipient. This information is used only in the case of transmission errors and, of course, to let the recipient know the identity of the sender. The information collected is not used for any other purpose. Polling. Namecheap occasionally offers interactive polls to users in order to enable the users to share their experience with other users as well as to improve Namecheap's services. The collected information, including user opinions, testimony and other submitted information is aggregated. This information is not identifiable to any particular user. However, Namecheap may employ action "tags" (also known as single pixel gifs or web beacons) to tag users after they have voted, in order to prevent the same user from voting multiple times on the same issue. This "tag" is not correlated with the subject user's individual information. Surveys. Namecheap may occasionally conduct user surveys to better target Our content to Our audience. We sometimes share the aggregated demographic information in these surveys with Our sponsors, advertisers and partners. However, in doing so, We will never share specific user information with any third party. CHILDREN Consistent with the Children's Online Privacy Protection Act of 1998 ("COPPA"), We will never knowingly request personally identifiable information from anyone under the age of 13 without first requesting parental consent. USAGE TRACKING Namecheap tracks user traffic patterns throughout its various sites. However, We do not correlate this information with specific data about individual users. Namecheap does break down overall usage statistics according to a user's domain name, browser type, and Multipurpose Internet Mail Extension ("MIME") type by gathering such information from the browser string (information contained in every user's browser). Namecheap sometimes tracks and catalogs the search terms entered by users in Our Search function. However, this tracking is never associated with individual users. We use tracking information to determine which areas of Our sites users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps Us continue to improve Our services for Our users. COOKIES We may place a text file called a "cookie" in the browser files of Your computer. The cookie itself does not contain personal information, although it will enable Us to relate Your use of this site to information that You have specifically and knowingly provided. The only personal information a cookie can contain is information supplied by the user. A cookie cannot read data from the user's hard disk or read cookie files created by other sites. Namecheap uses cookies to track user traffic patterns (as described above). Our advertising system delivers a one-time cookie to improve tracking of advertisement impressions and click rates. You can refuse cookies by turning the cookie function off in Your browser. If Your browser is set to provide a warning before the cookie is accepted, You will receive the warning message with each cookie. You do not need to have cookies turned on to use Namecheap's site. However, You will need to enable/accept cookies if You wish to actively participate in Our message boards, forums, polling and surveys. USE OF INFORMATION Namecheap uses information voluntarily submitted by Our users to enhance the user experience in Our network of sites, whether by providing interactive or personalized elements on the sites or by improving future content in response to the interests of Our users. As stated above, We use information that users voluntarily provide in order to send out electronic newsletters and to enable users to participate in polls, surveys, message boards, and forums. We send out newsletters to subscribers on a regularly set schedule corresponding with the frequency of the particular publication, and occasionally send out special editions when We think subscribers might be particularly interested in something We are doing. Namecheap never shares newsletter mailing lists with any third parties, including advertisers, sponsors or partners. We use tracking information to determine which areas of Our sites users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps Us continue to build a better service for You. We track search terms entered in Search function as one of many measures of what interests Our users. But We don't track which terms a particular user enters. Namecheap creates aggregate reports on user demographics and traffic patterns for advertisers, sponsors and partners. This enables Our advertisers to advertise more effectively, and allows Our users to receive advertisements that are tailored to their needs. Because We don't track the usage patterns of individual users, an advertiser or sponsor will never know which particular user clicked their advertisement. SHARING OF THE INFORMATION Namecheap uses the above-described information to tailor Our content to suit Your needs and help Our advertisers better understand its audience's demographics. This is essential to keeping Our select services free. We will not share information about individual users with any third party, except in order to comply with applicable law or valid legal process or to protect the personal safety of Our users or the public. SECURITY Namecheap operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary. Only authorized individuals have access to the information provided by Our customers. Our sites contain links to other sites. Namecheap is not responsible for the privacy practices or the content of such other websites. OPT-OUT POLICY We give users options wherever necessary and practical. Such choices include: The option to not register to receive Our electronic newsletters; and The option to not participate in certain interactive areas, which completely obviates Our need to gather any personally identifiable information from Our users. YOUR CONSENT By using this site, You consent to the collection and use of this information by Namecheap. If We decide to change Our Privacy Policy, We will post those changes on this page so that You are always aware of what information We collect, how We use it, and under what circumstances We disclose it. NECESSARY DISCLOSURE We will not share Your personal information except with a third party to assist Us in the processing or securing of Your personal information or when We are required by law unless We have given You notice and choice, in the good-faith belief that such action is necessary in order to conform to the edicts of the law, or We must comply with a legal process served on Our web site. We may also need to give out Your information if one of Our partners requires it, but these situations are rare. PERSONAL INFORMATION FOLLOWING TERMINATION OF ACCOUNT When Your Namecheap account is cancelled (either voluntarily or involuntarily) all of Your personally identifiable information is placed in "deactivated" status within Our corresponding databases. However, You should know that deactivation of Your account does not mean Your personally identifiable information has been deleted from Our database entirely. We will retain and use Your personally identifiable information if necessary in order to resolve disputes or enforce Our agreements. CONTACT US If You have questions or concerns regarding this statement, You can contact Namecheap at support@Namecheap. You can also write to Us at the following address: Namecheap Inc, dba Namecheap 11400 W. Olympic Blvd Suite 200 Los Angeles, CA 90302 USA support@namecheap.com. Namecheap Web Hosting - Acceptable Use Policy (AUP) This Acceptable Use Policy (the "Agreement") sets forth the terms and conditions of Your Use of hosting and related services ("Services"). In this Agreement "You" and "Your" refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "us" and "our" refer to Namecheap, Inc., as well as its subsidiaries and sister companies (“Namecheap”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by Namecheap. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional Namecheap service(s) or products or to cancel Your Namecheap service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. Namecheap’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy. Sharing of Information. As a condition of purchasing and using hosting plans, You acknowledge and agree that Namecheap may provide Your personal information to their partners, as necessary to provide You with the selected products and services. The provided information falls into the following categories: (a) Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive Our electronic newsletters, to participate in Our message boards or forums, to email a friend, and to participate in polls and surveys; and (b) Information Namecheap gathers through aggregated tracking information derived mainly by tallying page views throughout Our sites. This information allows Us to better tailor Our content to users' needs and to help Our advertisers and sponsors better understand the demographics of Our audience. Because Namecheap derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping Our select services free to users. Under no circumstances does Namecheap divulge any information about an individual user to a third party. Further information regarding the nature of information shared by Namecheap can be obtained by reviewing the Privacy Policy. You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed viaWhois. User Obligations. You represent and warrant to Namecheap that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Namecheap shall not be used in connection with any illegal activity. You expressly (i) grant to Namecheap a license to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by Namecheap under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights. Network Interruptions. Namecheap will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Namecheap be liable to You for any damages resulting from or related to any failure or delay of Namecheap in providing access to the Internet under this Agreement. In no event shall Namecheap be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Namecheap under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement. Accounts. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Namecheap account may not be transferred without prior written approval from Namecheap. IP Address. Namecheap assigns to You an Internet Protocol ("IP") address in connection with Your use of the Namecheap services. The right to use that IP address will remain with and belong only to Namecheap, and You will have no right to use that IP address except as allowed by Namecheap in its sole and absolute discretion. Payment Terms: You may receive a full refund if Your account is cancelled within the initial 14 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated servers, dedicated IP addresses, SSL certificates, renewals, any licenses (WHMCS, cPanel, Softaculous, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees. Namecheap may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. If Your account becomes overdue, the account will be suspended. And it won’t be reactivated until the outstanding balance is paid in full. If outstanding balance is not paid by You within 45 days after Your hosting account's billing date for shared hosting accounts and within 7 days for VPS and dedicated servers Namecheap reserves the right to terminate Your services for non-payment. If an account is found to be in violation of the Terms of Service it will be terminated immediately and all payments forfeited. For closed accounts there is a $15.00 per incident charge for all inquiries regarding previous services and or support. Backups of new/changed data are made weekly for shared and reseller servers. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is Your responsibility to maintain local copies of their web content and information. A "Backup/Restore" feature is included with each hosting plan and You can use this tool to back up Your files. If loss of data occurs due to an error of Namecheap, We will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, Namecheap will attempt to recover the data from the most recent archive for a $15.00. Secure Shell ("SSH") Access. To request SSH access You need to contact technical support. Upon completion of said terms You will be granted Jail access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination. Prohibited Activities. By using any Services, provided by Namecheap You agree: not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government. not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing. not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum. not to make, attempt or allow any unauthorized access to Namecheap website, servers, your own hosting account or the account of any other customers of Namecheap. not to allow any remote code execution of malicious software through the hosting account provided by Namecheap. not to cause denial of service attacks, port scans or other endangering and invasive procedures against Namecheap servers and facilities or the servers and facilities of other network hosts or Internet users. not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User. not to use Namecheap services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence. not to upload unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. not to engage in or to instigate actions that cause harm to Namecheap or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Namecheap reserves the right to refuse service to anyone upon Our discretion. Any material that in Namecheap judgment, is either obscene or threatening is strictly prohibited and will be removed from Namecheap servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Namecheap will take corrective action upon our own discretion and will notify You. Namecheap decision in such case is binding and final, and cannot be a subject of a further change. Namecheap cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Namecheap or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Namecheap will not be liable for any loss or damages in such cases. not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription. At its discretion, Namecheap can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content. Email and Anti-spam Policy. You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Namecheap. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. Namecheap prohibits the following activities listed without limitation hereunder: Usage of the Namecheap network and systems to receive replies to unsolicited mass e-mail messages. Forgery of e-mail headers (i.e."spoofing"). Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation. Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication. Hosting web pages advertised via "spam e-mail" sent from another network ("spamvertising"). Hosting any web pages or providing any services that support spam. Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages. Advocating any activities, prohibited by the Acceptable Use Section of this Agreement. If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a $500 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists. We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary. Additional Acceptable Use Policy for Virtual accounts: Server Resource Provision. Your use of the server resources shall not endanger the capacity and operation of the shared server. Any shared or reseller account may use no more than: 20 processes 1Gb memory 20% of CPU time We may allow any shared / reseller account to burst up to 4Gb memory 100% CPU time The burst allowance is considered an exception to the acceptable use allowance and shall be permitted solely to stabilize the operation of the website during peak intervals. Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability. The decision to upgrade shall rest solely with Namecheap and shall be made in its reasonable discretion. Any shared account with Ultimate package may use no more than: 30 processes 2GB memory 40% of CPU time We may allow any Ultimate package user to burst up to 6GB memory 200% CPU time The burst allowance is considered an exception to the acceptable use allowance and shall be permitted solely to stabilize the operation of the website during peak intervals. Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability. The decision to upgrade shall rest solely with Namecheap and shall be made in its reasonable discretion. Any Business hosting account may use no more than: 40 processes 2GB memory 60% of CPU time We may allow a business account to burst up to: 8GB memory 400% CPU time The burst allowance is considered an exception to the acceptable use allowance and shall be permitted solely to stabilize the operation of the website during peak intervals. Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability. The decision to upgrade shall rest solely with Namecheap and shall be made in its reasonable discretion. For all account packages: No script may use 25% or more of system resources for 60 seconds or longer; Running stand-alone, unattached server side processes/daemons is strictly prohibited Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited Running any bit-torrent / P2P application is strictly prohibited Running cron scripts with intervals of less than 15 minutes, or setting up more than 5 simultaneous cron jobs is strictly prohibited Running of public file exchange services is strictly prohibited Namecheap staff may use the following tools at our discretion to identify use of system resources: Conventional UNIX system tools, like 'ps', 'top', 'iostat' etc MySQL/PostgreSQL stats reporting features cPanel report Resource usage alerts from CSF/LFD server security system Disk Usage Provision. The content on your website must be linked from an HTML or similarly coded web page with all content is freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Your hosting account should consist mostly of html and php files. The number of inodes employed by one shared hosting account must not exceed 300,000. The number of inodes employed by one Business hosting account must not exceed 600,000. The number of inodes employed by one Reseller hosting account must not exceed 900,000. At the same time, the number of inodes employed by one resold account must not exceed 300,000. Downloadable files, media, databases must comply with the following limitations: NO more than 5 GB of a shared hosting account can be allocated to music, video or other multimedia files including but not limited to .aac, .avi, .mp3, .mp4, .mpeg, .jpg, .png, .gif files; NO more than 5 GB of a shared hosting account can be allocated to any archive and disk image files containing the complete contents and structure of a data storage medium; NO more than 5 GB of a shared hosting account can be allocated to databases and database dumps including but not limited to .sql files; NO more than 5 GB of a shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program. Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability. Under its sole discretion, Namecheap reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with Namecheap and shall be made in its reasonable discretion. Backup Limitations. Any shared hosting account that uses more than 25GB of disk space or contains more than 200,000 inodes will be removed from our weekly system backup. Any user whose hosting account is using more than 25GB of disk space or contains more than 200,000 inodes is solely responsible for maintaining the copy of his/her account. Use of Email Services. You should use email and other related services in full compliance with the terms below: The following limits apply to Shared and Reseller Hosting accounts in order to safeguard overall server performance: You may send and/or forward up to: 200 emails per hour per domain on Shared and Reseller Servers; 500 emails per hour per domain on Shared Premium Servers; 1000 emails per hour per domain on Shared Business Servers. Email storage (i) is capped at 10 000 emails (aggregated across all mailboxes within Your account); and (ii) shall not exceed the following overall limits: 2GB per Shared Hosting account; 5GB per Business SSD package; and For IMAP/POP3 mailboxes, You may perform up to 100 email checks per hour. Upgrade to VPS. Each Virtual hosting account can be upgraded to a VPS (Virtual Private Server). The upgrade is performed by Namecheap after You have paid the first month fee. The fee depends on the VPS type chosen by You and is non-refundable. Prorate amount for unused time of the shared hosting account will not be refunded, it will be added to Your account balance in the event of upgrade to VPS. Once the account is transferred to the VPS the Virtual hosting account is terminated and the new VPS account use is governed by the paragraph 11 of this Agreement accordingly. IPv4 Address Usage Policy. Due to the exhaustion of the IPv4 address space we actively conserve IP address space by limiting the IP addresses each web hosting account can use. Shared hosting accounts may each use only 1 IP address. Reseller hosting accounts may use up to 4 IP addresses. The number of IPs that are included and the account may use up to are indicated in the plan specification. The IP address limit is a per account, not a per customer basis. Customers may hold multiple accounts to get access to additional IP addresses. We strongly urge customers to only use IP addresses for essential use and we do require justification for usage. Additional Acceptable Use Policy for VPS accounts: Use of Traffic (Bandwidth). Your account monthly traffic is limited in accordance with the VPS Type. Additional Traffic can be ordered at $10.00 per 100 GB rate. The additional bandwidth is paid and applied on a monthly basis. The fee is non-refundable. If the monthly traffic limit is reached before the end of the month Your account will be suspended until the beginning of the next month. Disc Space Use. Your account disc space is limited in accordance with the VPS Type. Up to 4 GB from the disc space is allocated to the VPS system files a